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- The decision was delivered in the case of Spatial Design Architects Sdn Bhd v Majlis Perbandaran Klang & Ors [2024] MLJU 3982, where the court found that any condition reserving submission rights exclusively for Registered Town Planners contravenes the Town and Country Planning Act 1976.
KUALA LUMPUR (Dec 3): The High Court of Malaya has ruled that architects have statutory rights to prepare and submit planning applications, invalidating long-standing restrictions imposed by local authorities.
The decision was delivered in the case of Spatial Design Architects Sdn Bhd v Majlis Perbandaran Klang & Ors [2024] MLJU 3982, where the court found that any condition reserving submission rights exclusively for Registered Town Planners contravenes the Town and Country Planning Act 1976.
The judgement clarified that architects are “Qualified Persons” under Section 8 of the Architects Act 1967, and that circulars used to exclude them were ultra vires and unenforceable.
Pertubuhan Akitek Malaysia (PAM), which welcomed the ruling, said the decision removes a bureaucratic burden that had affected property owners and practitioners nationwide.
PAM president Adrianta Aziz said the ruling supports the goal of improving the ease of doing business and eliminating duplicative requirements in the development process.
“This judgement is not just a win for architects; it is a win for common sense and the ‘ease of doing business’ in Malaysia,” he said in a statement dated Dec 1.
“It is counter-productive to impose additional layers of red tape on developments that already sit within an approved local plan. Whether it is a simple renovation or a new building, if the zoning is clear, requiring a separate town planning submission is a redundancy that slows down our economy.”
Following the court’s decision, PAM has issued letters to all mayors and Yang Dipertua of local authorities to ensure compliance with the law.
For years, local authorities had relied on state-issued circulars to bar architects from submitting planning applications, requiring landowners to engage town planners solely to endorse documents already prepared by architects.
PAM deputy president Dexter Koh said the decision aligns legal responsibility with the submission process, as architects are the principal submitting persons (PSPs) under the Certificate of Completion and Compliance system.
“It is illogical to force a homeowner to hire a town planner for planning submission, when the town planner holds no liability under the Certificate of Completion and Compliance (CCC) system,” said Koh.
“Restoring our right to submit planning applications eliminates a futile layer of bureaucracy and ensures that the professional who designs the building remains responsible for it from start to finish.”
The court ruling sets a precedent for nationwide practice, although the case specifically involved the Majlis Perbandaran Klang.
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