Kok: A memorandum was sent to the PM dated Oct 18 objecting to the policy.
Housing and Local Government Ministry is proposing 75% approval from residents for redevelopment projects under the proposed Urban Renewal Act.
However, National House Buyers Association (HBA) is against any “consent threshold”, preferring unanimous approval.
HBA secretary-general Datuk Chang Kim Loong reiterated the association’s position that any plan for redevelopment, rejuvenation or renewal must obtain the agreement of all parties involved, as each owner’s rights are of paramount importance.
“While some parties may view the proposed Act as a positive step, HBA believes that it is a regressive measure.
“It would result in an unconstitutional piece of legislation that bypasses Article 13 of the Federal Constitution, which guarantees the right to property,’’ he said.
Article 13 states that no person shall be deprived of property save in accordance with law and no law shall provide for the compulsory acquisition or use of property without adequate compensation.
Chang argued that proceeding with a “consent threshold”, also known as “en-bloc sale” based on a majority vote, would result in the dispossession of specific homeowners from their properties.
“Therefore, the proposed redevelopment law would constitute a blatant violation of Article 13, and enacting such a law would not render it legitimate.
“We hope that the unconstitutional implications of such a law would not be overlooked.
Chang: HBA believes the proposed Act is a regressive measure.
“If we are not vigilant, the potential redevelopment law might even be expanded to include non-strata landed schemes.”
Seputeh MP Teresa Kok also raised similar concerns in her Budget 2024 speech.
“The Prime Minister has announced a plan to facilitate the redevelopment of strata schemes by reducing residents’ approval threshold for en-bloc sales from 100% to a level consistent with international practices, such as in Singapore.
“It aims to encourage urban renewal and promote the redevelopment of ageing buildings in the city.
“I have reservations. While it may appear to be a step in the right direction, the fundamental issue is human development, quality of life and sustainability of these projects, considering the well-being of people who have lived there for generations.”
Kok added that a memorandum dated Oct 18 was sent to the Prime Minister last year.
It was signed by 57 residents’ associations across 10 districts in Federal Territory of Kuala Lumpur, along with input from three non-governmental organisations and one higher education institution.
They objected to the new government policy to reduce the threshold for “en-bloc sales” from 100% for redevelopment purposes.
“I support the stance of these RAs and also HBA, as setting a consent threshold of less than 100% would significantly affect the right to ownership which is protected by the Federal Constitution.
“Every development plan and project must receive approval and consent from the owners of every single property in a housing area or in flats and apartments,” Kok emphasised. — By BAVANI M
