The High Court of Malaya has delivered a landmark decision affirming that architects have full statutory rights to prepare and submit planning applications — a ruling that effectively overturns long-standing submission restrictions enforced by various local authorities.
The judgment was issued in the case of Spatial Design Architects Sdn Bhd v Majlis Perbandaran Klang & Ors [2024] MLJU 3982, where the court ruled that conditions limiting submission rights to Registered Town Planners contradict the Town and Country Planning Act 1976. The court also clarified that architects are recognised as “Qualified Persons” under Section 8 of the Architects Act 1967, rendering circulars used to exclude them ultra vires and without legal effect.
The ruling was strongly welcomed by Pertubuhan Akitek Malaysia (PAM), which said the decision removes unnecessary bureaucratic hurdles that have long affected architects, landowners and the wider development industry.
PAM president Adrianta Aziz described the judgment as a major step forward for improving Malaysia’s ease of doing business. “This decision is not only a win for architects — it is a win for common sense,” he said in a statement on Dec 1. He added that imposing extra layers of red tape on developments already aligned with approved local plans serves no purpose and slows economic activity. “If zoning is clear, requiring a separate town planning submission becomes an unnecessary redundancy.”
Following the ruling, PAM has issued formal notices to all mayors and Yang Dipertua of local authorities, urging them to comply with the legal position established by the High Court.
For many years, certain local authorities relied on state-issued circulars to prevent architects from submitting planning applications directly. This forced landowners to hire town planners solely to endorse documents already prepared by the project architect. PAM deputy president Dexter Koh said the decision brings needed alignment between legal responsibility and the submission process, since architects are already the principal submitting persons (PSPs) under Malaysia’s Certificate of Completion and Compliance (CCC) system.
“It makes little sense to require homeowners to engage a town planner when planners carry no liability under the CCC framework,” Koh noted. “Restoring architects’ rights removes an unnecessary bureaucracy and ensures the professional designing the building remains responsible throughout the entire approval process.”
Although the case specifically involved the Majlis Perbandaran Klang, the ruling is expected to set a national precedent, reshaping planning submission practices across Malaysia.
This development also has implications for the broader property sector, where smoother approval processes can support growth across key markets — from high-demand commercial property in KL, to expanding corporate hubs seeking office space in Bukit Jalil, to active industrial corridors experiencing strong interest in industrial land in Selangor, factories in Puchong, and industrial property in the Subang area.
