ALL residents’ associations operating “gated and guarded” housing schemes in Perak must check whether they have permission to do so by the local authority.
State housing and local government committee chairman Sandrea Ng said having a security guardhouse or boom gate that had been operating for years did not mean the housing area automatically gained legal approval.
“If these schemes still do not have full approval, do not wait until a notice from the local council is sent out or enforcement action is taken.
“The state is aware that there are some that have operated these schemes for some time without proper approval, while some applications are still being processed,” she said in reply to Wong Chai Yi (PH-Simpang Pulai) during the state assembly sitting at Bangunan Perak Darul Ridzuan in Ipoh yesterday.
Ng said the state was focused on legalising existing schemes and had simplified the application process.
“The state has set the local council as primary coordinator, so that any issues related to land status, safety licence and technical needs can be handled systematically.
“If there are incomplete documents, the local council will state what is still required and assist the residents’ associations in finding solutions to any issues regarding compliance.
“The government understands the need to enhance security, but this must be done according to the law without impacting the rights of other residents.”
Ng said the term “gated and guarded” was often misunderstood and were different concepts from a planning and legal standpoint.
“A gated community refers to a strata community housing scheme, like a condominium, with built-in perimeter fencing and entry points planned from the start.
“A guarded community involved housing areas with individual titles where residents wish to add security features.”
To qualify as a guarded community, she said residents’ associations must be registered and obtain at least 85% consent from house owners.
“Construction of a guardhouse also requires approval from the local council and a temporary occupation licence from the Land Office if it involves public road reserve.
“Boom gates or other form of access controls also need technical clearance from the local authority.
“Public roads cannot be closed off on a whim, as if it is a private road, to ensure emergency vehicle access.”
Ng said to prevent future confusion, property developers must not misrepresent non-strata housing projects as “gated and guarded” in their marketing materials.
She advised homebuyers to verify claims before purchasing.
To a supplementary question from Wong on pending applications, Ng said local councils had been instructed to keep the respective applicants informed of the progress.
She said local councils received 10 applications this year, none of which had been approved yet.
Responding to an additional question by Noor Azman Ghazali (PN-Alor Pongsu) on unlicensed security guards in some neighbourhoods, Ng said the state government would look into the matter.
The Perak State Assembly has adjourned sine die.
