Current legal issues concerning the roles and duties of the local authorities in housing development

• 第一著者: Md Dahlan, Nuarrual Hilal
• フォーマット: 論文
• 言語: English
• 出版事項: UUM College of Law, Government and International Studies 2010
• 主題: K Law (General)
• オンライン･アクセス: http://repo.uum.edu.my/5227/1/Cu.pdf; http://repo.uum.edu.my/5227/; http://www.uumjls.uum.edu.my/

Local authorities play an important role in housing development.Their roles involve the approval of the application for carrying out development, approved plans and the issuance of the certificate of fitness for occupation (CF) and the certificate of completion and compliance (CCC).Basically, the roles and duties of the local authorities are, enshrined in the Uniform Building By-Laws 1984,Street, Drainage and Building Act I974 and Local Government Act 1976.Nevertheless, the recent land slide occurring at Bukit Antarabangsa, resulting in several deaths, injuries and losses to the residents, has again brought in question the roles and duties of the local authorities in the development of housing projects.To aggravate the matter, case law decided by the apex court seemed to be in favour of and protects the local authorities despite proof of their wrong-doings, as decided in Majlis Perbandaran Ampang Jaya v. Steven Phoa Cheng Loon & Ors [2006] 2 CLJ 1; [2006] 2 MU 389 (FC).Thus, this article discusses the roles and duties of the local authorities through the legal provisions available and the decided case law.Certain legal suggestions are forwarded at the end of the paper to settle the problems.