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Roles and liabilities of the local authorities in housing development: Some legal problems


Md Dahlan, Nuarrual Hilal (2009) Roles and liabilities of the local authorities in housing development: Some legal problems. In: International Conference on Corporate Law (ICCL) 2009, 01-03 June 2009, Surabaya, Indonesia.

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Abstract

It is trite that local authorities play an important role in housing development.Their roles involve the approval of the application for carrying out development, approved plans and 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 Town and Country Planning Act 1976 (Act I72), Uniform Building By-Laws 1984 (Act 133), Street, Drainage and Building Act 1974 (Act 133) and Local Government Act 1976 (Act 171). Nevertheless, the recent land slide occurring at Bukit Antarabangsa, resulted in several deaths, injuries and caused losses to the residents, has again questioned the roles and liabilities of the local authorities in the development of housing project.To aggravate the matter, case law too decided by the apex court-seemed to favour and protect 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 paper intends to discuss the roles and duties of the local authorities through the legal provisions available and the decided case law. Certain legal suggestions will be forwarded at the end of the paper to settle the problems.

Item Type: Conference or Workshop Item (Paper)
Additional Information: ISBN 978-983-2078-34-0 Jointly Organised by : UUM COLGIS, Universiti Utara Malaysia & Fakultas Hukum, Universiti Airlangga
Subjects: K Law > K Law (General)
Divisions: College of Law, Government and International Studies
Depositing User: Mrs. Norazmilah Yaakub
Date Deposited: 30 Dec 2012 08:09
Last Modified: 30 Dec 2012 08:09
URI: http://repo.uum.edu.my/id/eprint/6524

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