An End to Gated Communities in Malaysia?
There has been a lot of talk in the past year or two regarding gated communities in Malaysia, especially in the Klang Valley where most new luxury landed properties have this safety and security feature. For the developer, this is a great selling point: a guard house at all entry points to the development (usually there is only one) to check on all incoming cars, guards patrolling the neighbourhood at regular intervals, high walls circling the perimeter, sometimes with CCTV, etc.
For the buyers, the extra price for these features comes with an added security when they sleep at night, buoyed by concerns of crimes like robbery and break-ins. Although cases of crime in gated communities are known to happen, and there have been many complaints of ineffective guards, by and large, gated communities are increasingly popular these days.
But all this may soon come to an end.
The authorities is said to be drafting some guidelines and rules on gated communities, and from what we hear, developers may no longer be able to offer this feature. Due to growing concerns from some sectors, this could mean the end of them.
Firstly, conventional developments with landed units (semi-Ds, bungalows, etc) give individual titles to buyers. That also usually means all the roads, drains, public parks, sewerage, rubbish collection and water supply will be handed over to the relevant authorities (local council, TNB, JPS, etc) after two years. Then the homeowner will pay quit rent, assessment and utility bills to these authorities.
By that reckoning all the roads and parks and their reserves belong to the government, so anyone can use them, whether or not they live in the development or somewhere else. This is the main bone of contention against gated developments. That they stop other people from using public roads and amenities.
Some developments use strata concept for their landed units, some of these are prominent developments in the city. By using strata titles, like condominiums, the management control maintains control of some of the utilities, charges maintenance fees, etc. From the grapevine, this will also come to an end.
One way out for the gated concept is the guarded concept, where they have guards patrolling the estate 24/7 but no boom gates to stop cars from entering (and therefore exiting) the development. Many normal housing estates are already employing this, more of a interim crime prevention measure.
However, the guidelines have yet to be issued, and many developers are keen to see what the authorities will say.
To a certain extent, I agree that its wrong for the Developer to seal off public roads. Just try driving around some of KL/PJ more affluent neighbourhood and you will get what I mean. However, if I am one of the residents, I will prefer “gated community” as it does give an additional peace of mind. However, public roads do belong to the public and as such, so-called security barriers are illegal and it should be that way. The letter of the Law must be obeyed by all, even if you stay in Bukit Tungku.
To counter this argument, I believe that REHDA have come out will “strata title” for landed property. I am not entirely sure what this concept entails (perhaps Admin can shed some light) but to me, if I buy a landed property, I should and must be given my “land title” as no one else is sharing the land in which my house sits on, as apposed to apartment / condo where it is effectively, a piece of land in the sky.
They have been so many complains about apartment / condo buyers not getting their strata title even after 10 – 30 years and the last thing the government wants is strata title problem for buyers of landed property. As such, I agree that “strata title” for landed is not workable. One of the reasons why people buy landed property is to avoid problem involving strata title.
My suggestion, although it may be silly is as follows:
(i) buyers of landed property within a gated community will be given land title;
(ii) the Developer buys all the public roads within the housing estate from Government / land owner;
(iii) after (ii) above, the public roads within the housing estate will become “private roads” like a condominium. The developer is free to put security barriers; and
(iv) management fee will have to be charged to residents for the upkeep and maintenance of the “private roads”, as well as rubbish collection, just like a condominium.
Do you think this is workable?
Comment by preacher — January 17, 2006 @ 2:09 pm
preacher,
thanks for your comments. yes, it’s true that lots of people, incl a few of my friends always do not get their strata titles after a few years bcoz the developer has problems subdividing the title.
As for landed property with strata titles, this relatively new concept incorporates the 4 points above highlighted by you (except they are issued strata titles, not landed individual titles). By NOT surrendering to the local council, the developer can bypass some planning guidelines like building setback (remember the ‘zero setback’ concept this big project was offering?)
but bcoz one or two of these developments incurred the most complaints, the new guidelines will most likely stop all these gated and strata concepts.
So the only way if you want top security development landed property, is to buy a high end very low rise (like duplex) condo development. But the price would be a different story…
Comment by Administrator — January 17, 2006 @ 2:25 pm
I had to Google what was the exact definition of “building setback” and came up with the following:
“In land use, a setback is the distance which a building or other structure is set back from a street or road, a river or other stream, a shore or flood plain, or any other place which needs protection. Depending on the jurisdiction, other things like fences, landscaping, septic tanks, and various potential hazards or nuisances my be regulated. Setbacks are generally set in municipal ordinances or zoning …”
http://encyclopedia.thefreedictionary.com/setback
Am curious how does a “zero setback” bungalow look like. Tried locating the web-site of the Developer on Google but came up empty handed.
I am all for better security for landed properties. Perhaps the Government should get the views of property experts like yourself and also property buyers.
Comment by preacher — January 17, 2006 @ 3:24 pm
building setback is the line from the road reserve in your property that you cannot build any housing structure. According to the UBBL, it’s usually 40′ in front, 20′ behind. sometimes it measure building to building, different councils have different guidelines.
Zero setback bungalows is like the house is build right to the edge of the property, like an end lot of a row of linkhouses, except that it is connected to ANOTHER bungalow. I know it’s hard to imagine, but if someone were to sketch it out on a piece of paper for you, it is very easy to understand.
Comment by Administrator — January 17, 2006 @ 3:33 pm
just thought of this example. For quad homes, like those in mutiara indah puchong, where the 4 houses are joint at the back (without backlanes or separating space), it can be called a zero setback, but only at the back.
imagine a row of semi-D houses, you have left-right-left-right-left homes, correct? zero setback bungalows would mean left-left-left-left. that means each house’s party wall is right on the lot boundary line.
Comment by Administrator — January 17, 2006 @ 3:39 pm
Thanks for the explaination. Have seen the “quad homes” before. Still have some visualing problem with “zero setback” bungalows.
Always thought that bungalows must have space at both the left and right wall party wall to the boundary line.
Comment by preacher — January 17, 2006 @ 4:04 pm
Thanks for this post. really interested to know how this will impact us. I bought a duplex townhouse (Amansiara) which is a strata tile on landed property with guarded concept but not necessarily gated community.
Comment by munck — January 17, 2006 @ 6:55 pm
Very good property blog indeed .
Comment by malaysia real estate — January 18, 2006 @ 7:49 am
An End to Gated Communities in Malaysia?
There has been a lot of talk in the past year or two regarding gated communities in Malaysia, especially in the Klang Valley where most new luxury landed properties have this safety and security feature. For the developer, this is a great selling point…
Trackback by SpyMy.com — January 18, 2006 @ 10:27 am
nowday im doing my research about gated communities in johor bharu. but they are lack of data about this topic. im doing my thesis to fullfill my master in urban and regional planning. but a few data i found all about GC happen in usa and canada. if anyone have some data and love share with me, please mail me.
Comment by nana — January 21, 2006 @ 9:49 am
I feel it is the time for the authority to regularise the Gated Community (GC) concept. Take for an example, the guard house for most, if not all, the housing areas are bloody unfit where there’s not even equipped with basic necessities i.e. basic toilet, lighting, cooling fan, and/or garbage bin. Perhaps some are without a guardhouse at all. Do the residents/authority expect/permit the guards to ‘pee’ around the bush everytime the mother nature calls once every hour (usually at nite/rainy days)? Or where do they run for their lives if thundersorms were attacking their locations? Beyond a reasonable of doubt, I’m very supportive of the GC concept mainly due to security reason. Believe me that once there has been an incident of burgulary especially with arms occurred in your community, being a concern gentleman (also for those gentlewomen), we’d reponse proactively to this kind of extra security measure.
Comment by ex-RAJD engineer — February 2, 2006 @ 12:52 am
Are you sure abt your sources? As far as I’ve heard, they are very much onstream to accomodate these developments, albeit perhaps not in the form that developers might have preferred. Must be careful as such statements would affect such developments rather adversely…
Comment by tweel — February 2, 2006 @ 3:49 pm
erm..yeap malaysia perlu buat undang2 khusus utk konsep perumahan jenis ini, tetapi telah banyak kajian dibuat di luar negara mengenai kesan yang terhasil daripada GC. dan saya harap pihak perancangan bandar dan desa atau mereka kementerian perumahan melakukan sesuatu mengenai GC. mungkin membuat kajin dari segi sosial impak kesan daripada gc.seperti yang kita tahu sekarang, walaupun Malaysia tidak meluas menjalankan GC, pengasingan sosial telah berlaku. orang2 kaya duduk disekian-sekian tempat dan orang kurang kaya di tempat begini pula…erm…itu pendapat saya lah
Comment by nana — February 9, 2006 @ 10:53 pm
nana,
betul cakap you tu. yang penting, perundangan dan arahan dari pihak berkuasa mesti clear. itu yang paling penting.
Comment by Administrator — February 10, 2006 @ 9:55 am
ada sapa2 pergi seminar gated communities on 22 february 2006
Comment by nana — March 12, 2006 @ 10:08 pm
hari ini dalam seminar gated and guarded communities anjuran MIP akhirnya membuat kesimpulan bahawa permintaan kepada gated communities adalah semakin meningkat. ianya adalah kesam daripada rasa takut terhadap masalah jenayah yang berleluasa hari ini. selain itu, pihak berkuasa tempatan perlu melihat kepada perkara ini berlaku. adakah akibat daripada kegagalan pbt dalam menyediakan sebuah kawasan yang selamat?
Comment by nana — March 24, 2006 @ 9:52 pm
almost a year im done my thesis in this hot topic. gated communities. nowday..debate about gated communities geting slow but the development in this such scheme house grow faster and faster. what happen next? are we just wait for authority do something or something worse happen.
Comment by nana — February 27, 2007 @ 3:32 pm
actually i just read the REHDA bulletin and they said that there is going to be an amendment to the strata titles act to allow gated communities and strata titles issued to landed units. but as it is no new development has launched with this feature, except the old ones from 3-4 years ago.
Comment by Administrator — February 27, 2007 @ 3:52 pm
hai, came across this interesting blog by chance. glad to say that the Strata Title Act 1985 has been amended and came into force wef 12th april 2007. the act provides for stratas to be issued as in the past to highrise and now for individual buildings sat on land to be given strata land parcels. each land parcel building is not to exceed four storeys. the internal roads is under the management corporation given it the right to maintain and to collect charges who stay within the scheme. it is a very new concept and hope that this will give the innovative developers some solutions to the GC issues.
Comment by leong heng chee — July 9, 2007 @ 6:36 pm