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GATED

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GATED & GUARDED. COMMUNITIES. WHAT'S THE FUSS ALL ABOUT? SUNDAY 17 AUGUST 2008 3 P.M. ... being used currently in other low density development areas as well ... – PowerPoint PPT presentation

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Title: GATED


1
GATED GUARDED COMMUNITIESWHATS THE FUSS ALL
ABOUT?SUNDAY 17 AUGUST 2008 3 P.M.GREENS
1TROPICANA GOLF COUNTRY CLUB
  • By
  • Mah Weng Kwai
  • Former President of Tropicana Residents
    Association
  • Former President of the Malaysian Bar
  • President of LAWASIA

2
TROPICANA GOLF COUNTRY RESORT
  • An exclusive residential, leisure and commercial
    enclave that boasts the pleasure of resort living
    amidst city conveniences.
  • Officially opened by former Prime Minister Tun
    Dr. Mahathir Mohamed. The Tropicana Golf
    Country Resort saw its grand opening on 13
    January 1996.
  • Exclusive, secure and all inclusivethis is the
    luxurious township of Tropicana Golf Country
    Resort. Located in the prime suburb of Petaling
    Jaya, the 625-acre (253-hectare) gated community
    is home to hundreds of residents.

3
INTRODUCTION
  • The Gated and Guarded Communities (GGCs) are
    currently a popular trend in housing development.
    Initially, this concept was limited to high rise
    luxurious condominiums and apartments with common
    facilities like swimming pool, clubhouse,
    security services, sport and recreational
    facilities. However, the fast growing concept has
    been adopted by other types of landed development
    projects comprising of link-houses, terrace
    houses, bungalows, etc.
  • There are many issues concerning GGCs including
    the legality of the concept, security guards,
    barriers, fencings, road blocks, etc. which will
    be dealt with in this presentation.

4
DEFINITION
  • A Gated and Guarded Community (GGC) scheme can be
    defined as a cluster of houses or buildings that
    are surrounded by a wall or fence with the entry
    to or exit from these houses or buildings in the
    area controlled by certain measures or
    restrictions such as guard-houses or boom gates
    or chains which normally includes 24-hour
    security, guard patrols, central monitoring
    systems and CCTVs.
  • Simply put, the GGC concept is a private
    self-managed residential area in terms of
    security and traffic flow.

5
CATEGORIES OF GGCs
  • There are 3 categories
  • (a) Community of Lifestyle
  • Divided into 3 groups - retirement, golf and
    country homes
  • (b) Community of Prestige
  • The fastest growing community. The prestige is
    shown by the size of gates erected for security
    reasons and higher social status
  • (c) Community of Security
  • The area is gated specifically for security
    against criminals and for the control of traffic

6
CONCEPTS OF GGCs AND CHARACTERISTICS
  • There are 3 concepts
  • (a) Conventional
  • Usually found in housing areas with high
    density of residents like condominiums or
    apartments. It is a must concept for every
    development area.
  • (b) Planned
  • This concept is used by developers to increase
    the property value and prestige. Previously, it
    was introduced for luxurious housing areas.
    However it is being used currently in other low
    density development areas as well comprising of
    townhouses, link-houses and terrace houses.

7
CONCEPTS OF GGCs AND CHARACTERISTICS (contd.)
  • (c) Ad-Hoc
  • This concept is introduced after the
    development has been completed. Usually, the
    community will form its own residents
    association and hire security guards to guard
    the community. The entrances will be blocked
    informally and gates and/or fences will be
    built.

8
FACTORS CONTRIBUTING TO THE DEVELOPMENT OF GGCs
IN MALAYSIA
  • Some of the factors are
  • (a) Security
  • The main factor considered by house buyers
    which becomes a basic facility for the
    development area.
  • (b) Prestige
  • A factor taken into consideration by many
    wealthy house owners who intend to show off
    their luxurious houses.
  • (c) Privacy
  • A factor considered together with the security
    factor.

9
FACTORS CONTRIBUTING TO THE DEVELOPMENT OF GGCs
IN MALAYSIA (contd.)
  • (d) Lifestyle
  • Many people today spend a lot of time at the
    work place and therefore need a community for
    social interaction e.g. membership of Tropicana
    Residents Association.
  • (e) Power to Buy
  • The current individual economic strength
    influences people to live in a community
    providing maximum convenience for their
    families.
  • (f) Environment
  • Either urban living environment or natural
    scenery environment.

10
PROS CONS OF GGCs
  • PROS
  • (a) Contribute towards improved community
    safety
  • (b) Good management and arrangement
  • (c) Good and close relationship between
    neighbours
  • CONS
  • (a) Reduce public space and interaction with
    other communities
  • (b) Physical security measures lead to further
    social division
  • (c) Putting affluent households behind walls
    produces a negative impact on poorer
    neighbourhoods
  • (d) Access roads that are blocked do not belong
    to the residents
  • (e) Non-uniformity of planning guidelines

11
LEGALITY OF GGCs - INTRODUCTION
  • In a project development, a developer will have
    to surrender certain areas of land. These areas
    are reserved for e.g. access roads, playgrounds,
    parks, etc.
  • Section 236(2) of the National Land Code provides
    that upon the surrender, such land will become
    state land and the roads will become public
    roads.
  • By erecting walls, fences, guards, barriers,
    etc., will not change the status of the public
    roads.
  • Any steps taken to prevent or delay outsiders
    from entering the areas will amount to an offence
    of obstruction under section 46 of the Street,
    Drainage and Building Act 1974.
  • Besides that, according to the Local Government
    Act 1976, public amenities which are usually
    regarded as common property for use by the
    residents are deemed to be public places which
    fall under the jurisdiction of the local
    authority and not the developer.

12
LEGALITY OF GGCs (contd.)
  • After the handing over of the property, the local
    authority will have powers and duties regarding
    public places and public roads. (contrast
    Greenacres I and Greenacres II)
  • Some of the duties are
  • i. To maintain and repair all public roads under
    their jurisdiction as provided under section 4
    of the Street, Drainage and Building Act 1974
  • ii. To make or construct and maintain surface
    and storm water drains, culverts, gutters and
    water courses as provided under section 50 of
    the Street, Drainage and Building Act 1974 and
  • iii. To repair and alter, enlarge, arch over any
    of the surface and storm water drains, culverts,
    gutters and water courses as provided under
    section 53 of the Street, Drainage and Building
    Act 1974.

13
LAWS APPLICABLE
  • Presently, there is NO specific law dealing with
    GGCs. However, there are laws applicable to
    housing areas generally such as
  • (a) Strata Titles Act 1985
  • (b) National Land Code 1965
  • (c) Road Transport Act 1987
  • (d) Town and Country Planning Act 1976
  • (e) Street, Drainage and Building Act 1974
  • (f) Building and Common Property
  • (Maintenance and Management)
  • Act 2007

14
a) STRATA TITLES ACT 1985
  • Section 4
  • Defines subdivided building as a building
    subdivided under Part II.
  • Part II
  • (a) Section 6(1A)
  • Provides for subdivision of any alienated land
    having 2 or more buildings erected thereon into
    land parcels.
  • (b) Sections 7-14
  • Provide for the application, conditions and
    withdrawal of applications for subdivision of
    buildings or land.

15
b) NATIONAL LAND CODE 1965
  • Section 62
  • Grants power to the state authority to reserve
    land for public purposes.
  • Section 136
  • Provides for subdivision of land for public
    roads.
  • Section 124
  • Grants power to the state authority to alter,
    rescind, remove or amend any category of land,
    any restriction or interest and document of title.

16
c) ROAD TRANSPORT ACT 1987
  • Section 80
  • It is an offence for any person to place any
    road hump or any wire, chain, tackle or similar
    apparatus across a road. This will include any
    barrier, guardhouse and fence constructed on
    public roads within the housing area.
  • Penalty Fine not exceeding RM2,000.00 or
    imprisonment for a term not exceeding 6
    months or both.
  • Section 119
  • It is an offence for any person who is not a
    police officer or road transport officer in
    uniform, duly authorised by a senior police
    officer or Director to erect or place any barrier
    on or across any road.
  • Penalty Fine not exceeding RM1,000.00 or
    imprisonment for a term not exceeding 3
    months or both.

17
d) TOWN AND COUNTRY PLANNING ACT 1976
  • Section 18
  • Provides that a person is prohibited from using
    any land other than in conformity with the local
    town plan.
  • Section 19
  • Prohibits any development without planning
    permission. Also lists several developments which
    do not require planning permission.
  • Section 20
  • Prohibits any development contrary to planning
    permission granted.
  • Section 26
  • Lists the offences regarding planning permission
    and provides for punishment of offences.

18
d) TOWN AND COUNTRY PLANNING ACT 1976 (contd.)
  • Section 27
  • Provides action can be taken by the local
    planning authority in the case of contravention
    of section 19 including issuance of warning
    notice. Also provides for offences and punishment
    for ignoring the notice.
  • Section 28
  • Provides action can be taken by the local
    planning authority in the case of contravention
    of section 20 including issuance of warning
    notice.
  • Section 30
  • A requisition notice can be issued if the local
    authority is satisfied
  • (a) that any use of land should be discontinued
  • (b) that conditions should be imposed on the
    continued use thereof and
  • (c) that any building or works on any land
    should be altered or removed.

19
e) STREET, DRAINAGE AND BUILDING ACT1974
  • Section 3
  • Defines public street as any street over which
    the public has a right of way which is usually
    repaired or maintained by the local authority.
  • Section 46
  • Provides for offences of obstruction of a street
    including the building or erecting a fence, wall,
    rail or post in any public space.

20
f) BUILDING AND COMMON PROPERTY (MAINTENANCE AND
MANAGEMENT) ACT 2007
  • Section 2
  • Defines parcel to include in relation to land
    intended for subdivision, any individual unit of
    land.
  • States that subdivided building has the same
    meaning as provided by the Strata Titles Act
    1985.

21
SECURITY GUARDS IN GGCs
  • Are there any laws to govern security guards and
    security companies?
  • - Private Agency Act 1971 (PAA) under the
    jurisdiction of the Ministry of Home Affairs
    (previously known as the Ministry of Internal
    Security).
  • - Section 9 of the PAA provides that employment
    of a security guard can only be made after a
    letter of approval has been issued by a
    Commissioner of Police or a Chief Police
    Officer.
  • - The Ministry has also laid down the following
    conditions-
  • a. 1/5 of the guards must be ex-police or
    ex-army officers
  • b. in respect of foreign workers, only
    ex-Nepalese army officers will be allowed to
    be security guards
  • c. guards must not be older than 60 years.
  • d. guards must wear black slacks and dark
    beige shirts. Other colours are not allowed.

22
SECURITY GUARDS IN GGCs (contd.)
  • Are guards allowed to wear uniforms?
  • - Yes, under section 10 of the PAA any uniform,
    badge or emblem only may be worn upon approval
    by the Ministry.
  • Are guards allowed to carry and use fire arms?
  • - Yes, under Section 4 of the Arms Act 1960 upon
    approval by a Chief Police Officer of a State
    granting the licence to the security company.
  • Can guards detain or arrest and search anyone
    entering the area?
  • - No special powers to detain or arrest and
    search. (Security guards can only detain or
    arrest anyone in an area designated under the
    Protected Areas and Protected Places Act 1959)
  • - But as ordinary persons, guards may arrest any
    person who, in their view, commits a
    non-bailable and seizable offence and shall
    without unnecessary delay hand over the person
    arrested to the nearest police officer or, in
    the absence of a police officer, take that
    person to the nearest police station an action
    commonly known as citizens arrest
  • (Section 27 of the Criminal Procedure Code)

23
SECURITY GUARDS IN GGCs (contd.)
  • Can security guards mount a roadblock?
  • - No. Only persons stated under Section 78 of
    the Road Transport Act 1987 and section 26 of
    the Police Act can erect a roadblock. These
    officers are road transport officers in uniform
    and other enforcement officers in uniform
    including Immigration officers, RELA, etc. police
    officers in uniform and authorized in writing by
    a senior police officer.
  • Can security guards order anyone entering a GGC
    to produce or surrender his identity card?
  • - No. Only persons provided under Reg. 7 of the
    National Registration Regulations including
    registration officers, police officers, custom
    officers, members of armed forces and persons
    authorized in writing by the General Director
    can do so.

24
SECURITY GUARDS IN GGCs (contd.)
  • Can security guards order anyone entering a GGC
    to produce or surrender his driving licence?
  • - No. Only persons provided under Section 58 of
    the Road Transport Act 1987 including police
    officers, traffic wardens or road transport
    officers can do so.

25
SECURITY GUARDS IN TGCR
  • Total number of guards 56
  • Unarmed guards 44
  • Armed guards 12
  • Guard dogs 7
  • Provision of basic amenities for guards?

17 AUGUST 2008
25
MAHWENGKWAI SEOW MEGAT
26
GUIDELINES BY SELANGOR REAL ESTATE HOUSING BOARD
  • Definition of a GGC
  • An enclave that is provided with security
    services with or without a guard house or has
    physical barriers.

27
GUIDELINES BY SELANGOR REAL ESTATE HOUSING
BOARD (contd.)
28
GUIDELINES BY SELANGOR REAL ESTATE HOUSING
BOARD (contd.)
29
GUIDELINES BY CITY HALL OF KUALA LUMPUR (DBKL)
  • NEW DEVELOPMENT
  • (a) application can be made by the developer
    only
  • (b) buyers must be informed of the scheme in the
    Sale Purchase Agreement especially on the
    costs for road maintenance, drainage, road
    lights and foot paths
  • (c) only residential development is allowed to
    be built using the scheme
  • (d) guard house without barrier only will be
    allowed and the location should not obstruct the
    road (at the road shoulder/spacious place) and
  • (e) size of the guard house should not exceed
    6ft x 8ft
  • (compare the size of Tropicanas guardhouse!)

30
GUIDELINES BY CITY HALL OF KUALA LUMPUR (DBKL)
(contd.)
  • EXISTING DEVELOPMENT
  • (a) application can be made by the residents
    association only
  • (b) consent by all registered owners must first
    be obtained before application which include
    issues on the costs for road maintenance,
    drainage, road lights and foot paths
  • (c) only residential development is allowed to
    be built using the scheme
  • (d) guard house without barrier only will be
    allowed and its location should not obstruct the
    road (at the road shoulder/spacious place) and
  • (e) size of the guard house should not exceed
    6ft x 8ft

31
REAL ESTATE HOUSING DEVELOPERS ASSOCIATION
(REHDA)
  • 2 views
  • (a) The GGC scheme is not only an innovative
    approach to residential development, but is also
    an idea borne out of necessity, given the high
    rate of crime especially house break-ins
  • (b) The scheme should not be encouraged because
    it creates elitism and separation
  • REHDA adopts a wait and see position as to
    whether the respective state authorities will
    approve the scheme

32
PROPOSALS
  • To enact new specific legislation and provide
    guidelines on the GGCs to
  • (a) clarify the legal status of GGCs
  • (b) define the jurisdiction of the local
    authorities in respect of GGCs
  • (c) provide for public right of access into
    GGCs
  • (d) make bylaws
  • (e) provide for the management of the security
    services, guard houses, barriers and fencing
  • (f) set out the rights of individuals, the
    community and members of public within the GGCs
  • (g) define the powers and duties of security
    guards and security company in GGCs

33
Talking points
  • Matter of misrepresentation by developers?
  • Acquiescence or waiver by local authorities?
  • Negation or avoidance of responsibilities and
    duties by local authorities?
  • Should residents be put in a quandary? What about
    assessments paid?
  • Directive by Selangor State Government to local
    authorities?
  • New specific legislation or amendments to
    existing legislation long overdue.

17 AUGUST 2008
33
MAHWENGKWAI SEOW MEGAT
34
  • THANK
  • YOU
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