FAQs - Garis Panduan Gated Community and Guarded Neighbourhood

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(Act 333). The amendment of Act 318 in 2007, through new provision of section 6(1A) has enabled landed residential property to be subdivided from main title to small land parcels with strata title ownership (not an individual land title). The strata title ownership enables landed strata residential schemes to enjoy communal benefits stated in the Act 318 and Act 663, such as clubhouses, swimming pools and private recreation areas. Other requirements include the payment of monthly maintenance fee for the operation of the Management Corporation (MC) The general and detail planning guides in the Guideline are in line with the above laws specifically on the erection of security posts, installation of perimeter fencing and physical obstruction on the road reserve and public area. Considering the GC area is a private property, the residents (or the MC) is permitted to erect and install such structures in their area. The Guideline however strictly prohibits the GC’s from erecting security post or perimeter fencing and obstruction on the road reserve. For guidelines on Guarded Neighbourhood (GN), no specific law governs the operation of GN. Furthermore, local councils have no authority to approve the application in setting up the GN. The GN had taken form in an ad hoc manner in existing and new housing schemes. Similar to the GC, the Guideline on GN strictly prohibits residents (or resident association (RA)) from erecting security posts, install perimeter fencing and physically obstruct the road reserves. This is in line with the provisions of subsection 46(1) of Act 133 and section 80 of Act 333. For the erection of permanent structured security post on the road shoulder, it is only permitted when the application of temporary occupation license (TOL) and temporary erection permit is approved by the land office and the local council. Considering the erecting of structures is under the purview and responsibility of the GC and the RA and that these actions are voluntary,

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