Kota Kinabalu City Hall
Dewan Bandaraya Kota Kinabalu
No. 1, Jalan Bandaran, 88675 Kota Kinabalu, Sabah, MALAYSIA
Tel: (+6088) 521800 Fax: 219175
Date/ Time: 28th August 2008, Thursday
Current Weather: Mostly Cloudy,  Temp: 27°C,  Wind: 9.66kph
Planning Permission
What is Planning Permission?
According to the Town and Country Planning Ordinance (Sabah Cap 141), any one who intends to carry out a development has to apply for planning permission from the local authority. A planning permission gives a person the approval from the local authority which acts as the development control authority, to carry out a development in accordance with the plan and conditions for approval which would determine, among others, tne proposed alignment, width and level of the road and back lane, height, appearance, features, types, floor space, use, number and density of residential units, size of the unit, plot ratio and suitability of the proposed building, provision of proposed land use and sewerage, recreational open space, community hall, school and other necessary facilities as well as other conditions.
Why is Planning Permission Required?
The Town and Country Planning Ordinance (Sabah Cap 141) states that the local authority is empowered to regulate, control and plan development as well as use of all lands and buildings located within its area of jurisdiction. This is to ensure that all development and land use by individuals and developers will be proper and do not cause problems such as pollution and nuisance, traffic congestion and additional burden on infrastructure loss of value/facilities, floods and other undesirable impact on the adjacent area and environment as well as ensure that the new development is within the desired level for habitation. The local authority has to consider all matters required for effective planning before a planning permission is granted to any proposed development. This is to ensure that the proposed development does not cause any undesirable environmental problems including social and economic impact, thus complying with the planning standards and guidelines.
The local authority shall take into consideration in particular the Structure Plan and Local Plans which have been prepared or under preparation or to be prepared. The local authotiry should also check to ensure that the proposed development has proper access and complies with all the terms and conditions of the land title in addition to all the requirements of the other laws.
When is Planning Permission Required?
You should apply for and granted planning permission of the local authority before you are able to carry out any development. The definition of development according to the Town and Country Planning Ordinance is wide and covers:-
  1. Demolition of buildings.
  2. Construction of buildings.
  3. Major alteration to buildings.
  4. Prominent change of use of land or building.
  5. Engineering works including earthworks and construction of road.
  6. Excavation works.
  7. Industrial works.
  8. Subdivision and amalgamation of lands.
You are advised to contact the City Planning Department of DBKK if you need clarification on certain matters before carrying out any development/prominent change of use.
How to Obtain Planning Permission?
You are required to submit application for planning permission according to the procedures as stipulated in the Town and Country Planning Ordinance (Sabah Cap 141) together with the following:-
  1. Planning Permission Form
  2. Site/Location Plan
  3. Valid documents pertaining to land title
  4. Sixteen (16) copies of development proposal/report
Application should be submitted to the City Planning Department, Third Floor, DBKK Headquarters, No.1, Jalan Bandaran, 88675 Kota Kinabalu. The department will assit you should you have any enquiries.
You will be notified of amendments/correcitons (if any) to be made to the documents and plan before your application is tabled for reconsideration. If your application is not resubmitted within one month, the application shall be deemed to have been withdrawn. You will be granted Planning Permission when your application is approved.
Any person aggrieved by the rejection his/her application for planning permission or conditions imposed for granting of planning permission, may appeal to DBKK.
Why is An Agent Required?
You are advised to obtain the services of an agent who usually is a town planner or an architect to submit your application for planning permission, especially when you intend to carry out a major development. Your agent should be one who is able to advise you not only on the aspect of the process for applying planning permission but most importantly on the choice of various alternative and development, and enable you to decide on the best alternative as well as assist you in ensuring that all the approval needed under the provisions of the other laws such as the Land Ordinance Cap 68, Land Acquisition Ordinance Cap 69, Building By Law, as well as other laws are obtained before you commence any development.
How Long is the Validity Period of Planning Permission?
A planning permission granted shall, unless extended, lapse less than 24 months. If within that time development had not commenced, you can get an extension or further extension for the planning permission by submitting an application for extension before the planning permission expires.
What Should Be Done After Planning Permission is Obtained?
You cannot commence development immediately after obtaining the planning permission as you are still require other approvals such as:-
  • Subdivision plan (if necessary)
  • Building plan and permission to commence construction and building works under the Building By Law 1951
  • Earthworks plan
  • Road and drainage plan for construction of roads and drains
  • Sewerage plan
  • Landscape plan
  • Licence for industries, commercial, food estabilishment and others to commence activities
You can contact your agent on the said matters.
What is the Penalty Imposed for Development Without Planning Permission?
Part IV Section 23 of the Town and Country Planning Ordinance provides for a fine of RM500.00 if you are convicted of the offence by the court, and if the offence is continued, an additional fine of up to RM50.00 per day will be imposed. You may also be required to revert the land, as far as possible, to its original state.
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