A landmark High Court ruling in Malaysia has dismantled a long-standing bureaucratic obstacle in the construction industry, potentially making the planning application process both more affordable and efficient for property owners. The court determined that local authorities cannot legally prohibit architects from submitting planning applications directly, declaring the widespread practice of restricting such submissions exclusively to registered town planners as illegal and unenforceable.
The Malaysian Institute of Architects (PAM) celebrated the decision as a crucial step toward eliminating unnecessary red tape that has plagued the industry for decades. For years, numerous local authorities have relied on internal circulars to prevent architects from making planning submissions directly, a practice that the court's ruling has now struck down as unlawful. This regulatory barrier forced property owners—ranging from homeowners planning simple renovations to large-scale developers—to incur additional expenses by hiring town planners to essentially endorse or rubber-stamp architectural plans that had already been professionally prepared.
PAM President Adrianta Aziz praised the judgment as "a win for common sense and the ease of doing business in Malaysia." He emphasized the counterproductive nature of imposing additional bureaucratic layers on developments that already operate within approved Local Plans. The ruling addresses a fundamental inefficiency in the system where property owners were required to pay for redundant professional services that added no substantial value to the planning process.
The court's decision also clarifies critical issues surrounding legal responsibility and liability in construction projects. As the principal submitting party, architects bear full legal responsibility for a project's safety and compliance throughout its entire lifecycle, from initial planning to final completion. This makes the previous requirement for town planner involvement particularly illogical, as PAM Deputy President Dexter Koh pointed out: "It is illogical to force a homeowner to hire a town planner for planning submission when the town planner holds no liability."
Following the court ruling, PAM has taken immediate action by officially writing to all mayors and local authority heads across the nation, urging them to promptly align their administrative procedures with the law. This proactive approach aims to ensure uniform implementation of the court's decision and prevent continued violations of architects' professional rights. The restoration of architects' right to submit planning applications directly eliminates what Koh described as "a futile layer of bureaucracy" that served no meaningful purpose in the development approval process.
The precedent-setting judgment was delivered in the case of Spatial Design Architects Sdn Bhd v Majlis Perbandaran Klang & Ors, establishing clear legal guidelines for future planning application procedures. This ruling represents a significant victory for professional architects who have long argued that their technical expertise and legal accountability make them the most appropriate parties to handle planning submissions for their own projects. The decision is expected to streamline the development approval process while reducing costs for property owners across Malaysia.
