Guarded neighbourhood: 51% of residents must approve

theSun: Guarded neighbourhood: 51% of residents must approve

KUALA LUMPUR (Sept 8, 2010): A neighbourhood planning to set up the guarded neighbourhood scheme can do so only with the approval of 51% of the residents.

Housing and Local Government Minister Datuk Chor Chee Heung said that under the new guidelines for gated community and guarded neighbourhoods, the approvals should not be forced.

"However, it will be better if all or maybe 80%-90% of the residents agree to it," said Chor.
He also said that perimeter fencing for guarded neighbouhoods is not allowed under the new guideline. Guardhouses are allowed but it should only be built on the road shoulder.

"If the residents plan to set up a permanent guardhouse on a reserved road, then the residents' association needs to apply for a Temporary Occupation Licence (TOL) from the land office.
"The location of the guardhouse must also be marked in the plan and submitted to the local council. Once approved, only then it can be set up," said Chor.

He added that if the present structures do not contravene the new guidelines, then they may continue using their barricades or guards.
"However, if the structures cause inconvenience to the residents or the public, then the local authorities will investigate for further action," said Chor.

Deputy Prime Minister Tan Sri Muhyiddin Yassin recently said that the guidelines for gated communities and guarded neighbourhoods drawn up by the Housing and Local Government Ministry would be imposed with immediate effect on new applications.

Muhyiddin said that existing gated communities and guarded neighbourhood schemes are exempted but new applications from development companies or residents will have to follow the new guidelines.
The guidelines were approved by the Cabinet on July 28 and on Sept 2 by the National Council for Local Government (MNKT).

He added that gated communities are allowed only in certain locations where there is a high crime rate based on records from the police and limited to the city area.

The minimum area for the development of gated communities is one hectare and the maximum area is 10ha.
Chor also said that the names for the gated communities should have local cultural elements and not have foreign names.

He said the guidelines will help local authorities, state governments and developers plan and monitor the gated community and guarded neighbourhood schemes.

The state governments have until the end of this year to enforce the guidelines, added Chor.

Guidelines for gated community (GC)

• The common property including the roads in the GC scheme is private and it must be maintained by the residents through the appointed management corporation (MC);
• The construction of any fencing or wall separating the residents of the GC and non-residents is now allowed;
• The construction of the wall or fencing surrounding the GC area as a border between the GC area and non-GC area is allowed but it should not be more than 2.75 metre;
• A social impact report must be provided by the developers of the GC as stipulated under the sub-section 21A(1A) of the Town and Country Planning Act 1976;
• There must be at least two entry and exit points for GCs as stipulated under the Uniform Building Bylaws 1984;
• Special areas for utilities such as electric, telephone, water, gas and sewage connections must be at least placed 2.5 meters within the GC area to enhance the service and facilitate the maintenance.

Guidelines for guarded neighbourhoods (GN)

• GN is allowed only in town areas, especially in areas with high crime rates based on police records;
• GN is not allowed in areas with public amenities such as schools, mosques or public halls, and in areas where public transportation routes are located;
• The local councils can determine the number of housing units for a particular GN for better management;
• The size of the guardhouse should not exceed 1.8m x 2.4m;
• The security guards employed by the residents' association (RA) must be registered with the Home Ministry;
• Any reversion of the GN to its former status (without having guards) by the RA must be made known to the local councils.