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    Building a House on Your Own Land in Malaysia: The Approvals, Step by Step

    By HIDI Lau Architect

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    Building a House on Your Own Land in Malaysia: The Approvals, Step by Step

    Building on your own land (bina rumah atas tanah sendiri) needs land whose title allows a house, planning permission or an exemption, approved building plans and, at the end, a CCC. This guide explains each approval in order and who handles it.

    The short answer

    To build a house on your own land in Malaysia (bina rumah atas tanah sendiri), four things must line up:

    1. your land title must allow a house;
    2. you need planning permission (kebenaran merancang), unless your council exempts the house;
    3. your building plans must be approved by the local council before work starts (kelulusan pelan bangunan);
    4. when the house is finished, it needs a Certificate of Completion and Compliance (CCC) before anyone moves in.

    This guide covers Peninsular Malaysia. Sabah and Sarawak have their own land and planning laws.

    Step 1: Check what your land title allows

    Under the National Land Code, land in Peninsular Malaysia carries one of three categories of land use: "agriculture", "building" or "industry". Your title also carries conditions, some written on the title (express conditions) and some implied by the Code.

    • Building land: the usual category for a house, as long as the express conditions on your title allow residential use.
    • Agriculture land: the Code lets the owner, or someone lawfully living on the land, build a dwelling house on it, as long as the house takes up no more than one-fifth of the land or two hectares, whichever is smaller, and the title's express conditions do not say otherwise.
    • Anything else: the owner can apply to the State Authority under section 124 of the Code to change the category or conditions of the land (ubah syarat or tukar syarat). In Johor, these applications are handled by the state's Land and Mines Office (Pejabat Tanah dan Galian).

    Tip: read the category and the express conditions on your title before you pay for any design work. They decide what can be built.

    Step 2: Planning permission (kebenaran merancang)

    Under section 19 of the Town and Country Planning Act 1976 (Act 172), no one other than a local authority may start any development without planning permission. "Development" includes building on land.

    There is an important exception for a single house. Under PLANMalaysia's guideline on exemption from planning permission (ExPA), adopted by councils such as Majlis Bandaraya Johor Bahru, a new detached house of no more than 3 storeys can be exempt, for example when it sits on a lot with a valid title in an area zoned for housing in the local plan, the land's express condition is residential, the site has access and the land matters are settled, and no hill cutting or filling is involved.

    Exempt or not, the house still needs approved building plans (Step 3). Your architect checks with the council which route applies to your lot.

    Step 3: Building plan approval (kelulusan pelan bangunan)

    Under section 70 of the Street, Drainage and Building Act 1974 (Act 133), no one may put up a building without the local authority's prior written permission. The plans must be submitted by a principal submitting person or a submitting person: a qualified person, meaning a professional architect, a professional engineer or a registered building draughtsman. The Uniform Building By-Laws 1984 set out how the plans are submitted.

    Councils in Peninsular Malaysia receive these applications through their One Stop Centre (Pusat Setempat, OSC), which coordinates the development applications a project needs. In Johor Bahru, that is the OSC unit of Majlis Bandaraya Johor Bahru.

    Step 4: Construction, supervised

    Construction starts only after the approvals are in place. During construction, the principal submitting person must supervise the work so that the house follows the approved plans and the council's technical conditions, and is safe and fit to live in. That supervision is what allows them to certify the house at the end.

    Step 5: The CCC before you move in

    The Certificate of Completion and Compliance (CCC) is issued by the principal submitting person, not by the council. The Ministry of Housing and Local Government's CCC guidance names the architect as the appropriate principal submitting person for residential projects.

    Do not move in early. Under section 70(27) of Act 133, occupying a building, or letting someone else occupy it, without a CCC is an offence, with a fine of up to RM250,000, up to 10 years' jail, or both. Read more in our guide to the CCC in Malaysia.

    How we handle the submissions

    At HIDI Lau Architect, authority submissions are a service of their own, run alongside the design. For a house on your own land, the work covers:

    1. preparing the submission drawings;
    2. coordinating the other consultants the submission needs;
    3. building plan submission support;
    4. liaising with the local authority where required;
    5. a compliance review based on your project's requirements;
    6. the documents for the approval process;
    7. guidance on the rules that apply;
    8. follow-up and revisions when they are needed.

    Because the design and the submissions are planned together, the house you approve on paper is one the council can approve too. To see what an architect does from the first sketch to the CCC, read What Does an Architect Do in Malaysia?

    Questions to settle before you start

    • What category and express conditions are on my land title?
    • Does my house need planning permission, or does it qualify for the council's exemption?
    • Who will be the principal submitting person and certify the CCC?
    • Does my plot need any land matters settled first, such as a change of conditions?

    Sources

    This guide is general information, not legal advice. What your land and house need depends on your title, the local plan and your council. Unusual title conditions are best checked with the land office or a lawyer.

    Building on your own land and want the drawings, submissions and approvals handled by a registered architect? See our authority submissions service, or tell us about your land.

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