Unfortunately, there are certain restrictions for homeowners when it comes to planting greenery outdoors. Find out more on the proper procedure below. We also share what you can do if your neighbour’s tree is affecting you/overhanging in your garden.
The Full Movement Control Order (FMCO) has seen most of us picking up several hobbies and skills to make better use of our time. One popular hobby that many have taken up is gardening. If you’re one of these people, you might have plants all around your home at this point.
However, growing plants just about everywhere might get you in trouble with your local council or Majlis Perbandaran. A few months back, it was reported in the media that Majlis Bandaraya Subang Jaya or MBSJ is no longer allowing residents to plant fruit trees and vegetables outside their homes. Nevertheless, this is not a complete ban.
Why am I not allowed to grow trees/plants outside my home?
There are a few reasons the local council is imposing this rule:
- The Majlis already has a landscaping plan and if people were to randomly place their plants, it would mar the look of the surrounding space.
- If people weren’t responsible enough to maintain the plants well, they would be overgrown and be a nuisance to others.
- The pots the plants are placed in, if not cleaned regularly, can be a breeding ground for Aedes mosquitoes.
- Some residents take up most of the shared spaces for their plants, leaving little for others.
MBSJ has also stated that placing pots and planting greenery such as shrubs/plants in back alleys or in front yards outside one’s home and playgrounds without permission is an offence.
What to do if I wish to grow trees/plants outside my house?
To mitigate this issue of overgrown/uncontrolled plants, the Majlis wants to vet through the type of plants that residents wish to plant and ensure that they are planted in a safe location. Residents are expected to apply for permission from MBSJ via the Resident Representative Council (MPP) to grow these plants outside their compounds.
However, MBSJ won’t be taking in individual applications. If you and your neighbours wish to plant something right outside your house, both of you will need to put in an application together. This is usually because compounds outside the house can be shared by two adjoining houses. This also applies to other shared spaces, such as a grassy area facing your row of houses.
What rights do my local council have when it comes to greenery?
This may or may not be common knowledge, but only things within your compound are your property. This means that even the road outside your house cannot be considered as your property, even if it’s literally in front of your gate. Anything outside your gate belongs to your local council — and that includes any plants grown there.
This means that you cannot cut off or take parts of plants that are growing outside your gate, even if you think that they might be yours to take. As a property owner, you are obliged to pay several land taxes to your local council annually, including Assessment Rates or Cukai Taksiran. Part of that money is used for landscaping the housing area. This is why your local council owns any plant that they grow and maintain outside your gate.
CHECK OUT: Best 9 plant nurseries in Malaysia for all your indoor plant needs
What about other areas in Malaysia?
Now, while it is MBSJ that has made the news for banning gardening in shared areas like this, they aren’t the only local council in Malaysia that can make these rules. Other local councils may also follow suit if it’s not an explicit ruling already.
Each local council would have their own rules, which are called by-laws. Think of them as smaller laws that work together for the bigger laws to work more effectively. Some local councils might allow for plants to be grown outside your compound, and some may not—it really depends on their respective by-laws.
Instead of banning gardening outside house compounds, they can also set some guidelines on what types of plants are allowed and where they can be placed. For instance, the local council of Kuching or MBKS has a set of planting guidelines, with a fixed list of what kind of palm trees are shrubs can be grown.
We are unable to secure the greenery planting guidelines for other prime areas as the information is not readily available online. If you are unsure of how things work where you live, pop by the local council office and ask them for clarification. And if you are also unsure about what exactly is and isn’t part of your compound, take a picture of your house and request the officer in charge to confirm your boundary.
What about those who are living in strata properties?
Condominiums and apartments, as well as other high-rise or gated and guarded developments, are known as strata properties. Strata properties have management bodies (MC or JMB) that maintain these places. According to the Strata Management Act 2013, the managements have the right to impose rules for residents to follow. There is no fixed list of the type of rules that they can impose, but it can cover what you can and cannot put in your home—including plants.
In strata properties, there are ‘parcels’ or individual home units as well as common areas— which are areas you share with all residents such as the facilities. Your management can allow you to only grow plants in your own parcel and not anywhere outside of it. Or for example, if the plant on your balcony was growing into the floor above yours, the management can have you remove it.
Just like your local council, the management can also have a set of greenery planting laws in black and white and if they are not adhered to, the offender can be penalized. As your strata management body has the power to enforce their by-laws, you usually won’t see your local council getting involved.
The bottom line is, regardless of where you’re staying, there can be limits on where you’re allowed to grow your plants. Even if you feel you might be beautifying the place by having them, the authorities have the right to remove them if they’re detrimental in the long run. If you’re not sure if you can keep your plants, reach out to your Majlis or management. And if there’s a permit that you need to apply for, do get it done prior to commencing with any planting works.
READ: Garden landscape ideas for your home
What can I do if my neighbour’s tree/plants is affecting me?
Another common problem many Malaysian homeowners face is the overgrowing of trees or plants into their home boundary. For example, your neighbour’s mango tree has been growing over your fence for a few years now. It is starting to get irritating because the branches are obstructing your view and they are a hazard. Will you get into trouble if you cut those branches?
When branches of your neighbour’s tree are growing into your compound, these are known as overhanging branches and can qualify as an actual issue. Most countries do have laws against overhanging branches. In Malaysia, the law of private nuisance is applicable. Private nuisance is defined as unlawful interference with the use and enjoyment of land. There are three elements to private nuisance, all of which must be satisfied if you are to hold your neighbour accountable.
- The plaintiff (You) owns the land or has the right to possess it;
- The defendant (Your neighbour) actually acted in a way that interferes with the plaintiff’s enjoyment and use of his or her property; and
- The defendant’s interference was substantial and unreasonable.
Thus if it poses a safety risk, your neighbour will most likely be liable.
But what if you don’t like the tree growing into your compound because it just looks ugly or it’s ruining the view from your home?
Even if you can’t sue your neighbour for private nuisance (as there is no safety risk), you might still be able to do something about those branches or all the fruit that’s been falling into your compound.
Let’s refer to a court case as guidance. In mid-2016, the Singaporean High Court had to decide on a case between two neighbours. One woman had let her tree grow into her neighbour’s yard and the branches had become a hazard, especially because there were little children in the house. When the neighbour hired people to cut the tree, the woman prevented the neighbour from doing so by removing the key from the crane that was used to cut the tree. The court held that the neighbour had all the right to cut any branches that were over her compound and the woman was in the wrong for preventing them from doing so.
This case proves that you can cut parts of a tree that grow into your compound (or take any fruits that grow on these branches) BUT you can’t tamper with any branches, plants, fruit that is on your neighbour’s side of the compound. Anything that is within your neighbour’s compound is theirs and if you remove anything from there, you can be sued for trespassing their property.
If you enjoyed this guide, read this next: How to deal with nuisance and difficult neighbour in Malaysia?
*This article was repurposed from “Can your Majlis Perbandaran stop you from growing plants outside your home? and “In Malaysia, can you cut your neighbour’s tree if it grows into your compound… and steal its fruit?”, first published on Asklegal.my.