Physical Planning Act, 2016

This section gives the Act’s short title and says it starts on a date set by the Minister, announced by notice in the Gazette.

This section defines key terms used in the Act, including responsible authority, Commissioner, Board, development, development permission, exempted development, subdivision, and subdivision agreement.

This Act applies to all types of physical development by any person or Government agency.

This section establishes a Commissioner for Physical Planning, and the office must be held by a public officer.

The Commissioner is responsible for planning, reviewing, approving, advising on, and overseeing physical development matters, and may delegate functions in writing.

The Minister may delegate some or all powers or duties under the Act to the Commissioner, subject to special or general directions.

A public officer is exempt from liability for good-faith exercise, performance, or purported exercise of functions under the Act.

This section establishes the Physical Planning Council and gives it the powers and functions provided by the Act.

The Minister must appoint Council members based on recommendations from relevant professional bodies and civil society organizations, and the Council must be composed of at least 40% and at most 60% of either sex.

A person is disqualified from being appointed to, or continuing as, a member of the Council if they are an undischarged bankrupt or have certain convictions.

A Council member’s office becomes vacant if the member dies, resigns, or becomes disqualified; vacancies are filled under section 9, and the Minister must publish appointment notices in the Gazette.

The Council must elect a Chairperson and Vice Chairperson from among its members at its first meeting, using secret ballot and a simple majority. Ex-officio members cannot be elected to either office.

This section sets how Council meetings are run, including who presides, how quorum is counted, how decisions are made, and when a casting vote applies.

A non-ex officio Council member holds office for three years and may be renewed once.

The Council has several functions, including hearing appeals, deciding referred physical planning matters, advising the Minister, and approving certain national-interest development applications.

The Council’s funds come from parliamentary appropriations and from money or property payable to or vested in the Council under law, trust, or gift.

The Commissioner must appoint a public officer to serve as secretary to the Council.

Council members are not liable for good-faith exercise or performance of Council functions under this Act.

Local government authorities must appoint planning committees for their areas, and may appoint a joint planning committee for development areas spanning two or more authorities.

This section sets who must sit on a planning committee, how the chairperson is chosen, and lets the committee regulate its own procedure.

The Minister may, when appropriate, cause inquiries to be made and seek advice or consult authorities, persons, or groups of persons about physical planning in Malawi.

The responsible authority must give the Minister requested plan information, may consult others to prepare a plan, and—before deciding on certain plans affecting homes, work, land, or plot boundaries—must publicize the proposals and consider representations.

The responsible authority must publicize the substance of a prepared plan and, after the inspection period ends, submit the plan and comments to the Commissioner. It may also hold meetings to explain the proposed plans and receive comments.

A National Physical Development Plan must include policy/principle statements and supporting studies, reports, maps, plans, and related materials needed for the plan’s purpose.

This section says the National Physical Development Plan is meant to provide a spatial framework, guide coordinated development, help shape urban and rural growth centres, and set guidelines for services and facilities.

The Commissioner is responsible for preparing and reviewing the National Physical Development Plan.

A prepared National Physical Development Plan must go to the Council first; after endorsement, the Commissioner must send it to the Minister for approval.

When the Minister approves, or has received but not yet approved, a National Physical Development Plan, district and local physical development plans and development programmes or projects should, as far as practicable, be prepared to reflect that plan’s policies and principles.

A district physical development plan must include specified reports, policy statements, studies, maps, and any other matters the Commissioner requests.

A district physical development plan is meant to apply national physical development principles to the district, survey local conditions and resources, identify growth and service centres and major public investment locations, and set out a general land use plan.

A local government authority is responsible for preparing its district physical development plan, may use a joint planning committee or delegate the task to a registered physical planner in private practice, and must submit the plan to the Commissioner for approval.

Development plans and projects must be prepared to take account of the district physical development plan when that plan has been approved, and also while it is prepared but not yet approved.

This section lists the types of local physical development plans that may be prepared and describes what each type covers.

A local physical development plan must include specified plan content, and the Commissioner may require additional matters to be included.

Local government authorities are responsible for preparing local physical development plans, may delegate that task to a registered private-practice physical planner, and the Commissioner may require other matters to be included in a plan.

A local physical development plan must be submitted to the Commissioner for approval, and the Commissioner may approve it, approve it with amendments, or reject it in whole or in part within 60 days.

Approved local physical development plans must be taken into account by government departments, statutory bodies, the responsible local authority, and the planning committee when dealing with public investment, development projects, and development permission applications.

An approved plan must be deposited and its substance made known in the area, and it must be available for public inspection and use at reasonable times.

The Minister or Commissioner may require the responsible authority to review or amend a plan, and the responsible authority may also do so on its own. If the plan was originally approved by the Minister or Commissioner, the responsible authority must submit changes for approval.

The Minister may revoke a plan or part of a plan by Gazette order.

If planning documents conflict, the approved district physical development plan or the most recently approved local physical development plan prevails, depending on the situation.

The Commissioner may prepare and use plans in areas under a local government authority’s jurisdiction.

The Minister must publicize this section, occupants must apply for development permission in control areas unless the development is exempted, and customary land committees must follow an approved layout plan when authorizing building use.

Certain development listed in the First Schedule is permitted under this Act and does not need development permission to the extent provided. The Minister may amend the First Schedule by order published in the Gazette.

This section lists the kinds of development permission that may be granted under the Part.

Applications for development permission must be filed in the proper form, with the required fee and information, and are handled by the local authority or Commissioner depending on location.

The responsible authority may require an applicant to provide more information or allow entry to the land for inspection, and it may delay its decision for up to 60 days.

The Minister may take an application for development permission away from the responsible authority and decide it himself.

A responsible authority may consult specified persons or authorities on a development permission application, and those consulted may attend and speak at the meeting without voting.

When considering a development permission application, the responsible authority must take specified matters into account and may grant the application with conditions or refuse it.

A development permission can lapse if the development is not started within two years, and a responsible authority can require or extend completion deadlines by written notice.

A responsible authority may revoke a development permission by written notice, and must do so if directed by the Minister.

A development permission is personal to the applicant and may lapse if the land interest is transferred; transfers must be reported and, if development continues, a written transfer application must be made to the responsible authority.

A person may not start subdivision development or display certain advertisements without first getting development permission, unless the activity is permitted development.

A responsible authority may serve a written enforcement notice for unauthorized development, and the notice must tell the affected people what to do, by when, and what consequences and appeal rights may follow.

A person served with an enforcement notice may ask the responsible authority to reconsider it within 30 days, in writing with reasons.

A responsible authority must consider listed factors when deciding on an enforcement notice, and it may inspect development or seek expert advice for that decision.

A responsible authority may require a person served with an enforcement notice to take steps to fix unauthorized development, and may enter the land to do the work if the person does not comply.

A responsible authority may serve a stop notice against unauthorized development, and the affected person may appeal to the Council within 30 days.

A responsible authority may require the owner and occupier to apply for development permission after unauthorized development is found, and must wait at least 30 days after serving that notice before serving an enforcement or stop notice on the same person.

A responsible authority may serve notice requiring an owner to clean up, maintain, repair, or demolish an unsightly or unsafe land or building, and may later enter and do the work if the owner does not comply.

The Minister may declare land a special area by Gazette order and may make several types of special area orders.

The Minister may make an improvement area order for certain densely developed or poorly planned residential land, and the order can require consultation, notification, and implementation arrangements.

The Minister may make a vacant land development order and lease the land if the stated conditions are met; leasing is blocked until a development plan is prepared by the Commissioner and approved by the Minister, and the leaseholder must develop the land under that plan.

A building preservation order may be made for buildings the Minister считает worth preserving, and people may not develop, demolish, alter, or do other building operations on a protected building without development permission.

The Minister may make an accelerated development area order for land likely to undergo rapid development, and the responsible authority must publicize the order within the area.

The Minister may acquire land, compulsorily or by agreement, if it is desirable or expedient for a plan or for controlling and furthering land development.

This section gives a right to compensation in listed planning-related cases and lets a claimant ask for the land to be purchased instead in some cases.

The Minister or responsible authority must assess compensation and generally set off specified increases or amounts unless that would cause injustice. The Minister may seek the Council’s advice, and an aggrieved person may apply to the High Court for judicial review within 30 days.

A compensation claim must be filed in the prescribed form with the Minister or responsible authority within six months of the action or decision that gave rise to it.

A person affected by certain planning or enforcement decisions may appeal to the Council, and an appeal notice must be filed within 30 days of receiving the notice or decision.

The Council has appeal powers and must issue its decision in writing, send it to the parties (and the Minister if not a party), and make it open for public inspection.

A Physical Planners Board is established and must regulate the activities and conduct of registered physical planners.

The Board must elect a chairperson from among its members at its first meeting, which the Registrar must convene within 30 days of the Board’s appointment.

Board members serve for three years. At the end of that term, they may be reappointed. The chairperson may resign in writing to the Minister, and other Board members may resign in writing to the chairperson.

Certain people are disqualified from being appointed to, or staying on, the Board.

A Board member’s office (unless ex officio) becomes vacant on death, resignation, or disqualification; vacancies are filled by appointment, and the Minister must publish appointment notices in the Gazette.

The Board must meet at least four times a year, the chairperson must call an extraordinary meeting on written request by at least three members, and the Board may regulate its own procedures.

The Board may create committees, assign them functions, and direct how they work; committees must keep minutes, report activities, follow Board directions, and exclude Board staff members.

The Board or its committees may invite a person to meetings to assist or advise them. An invited person may join deliberations, but cannot vote.

The Board is the sole authority for registering and regulating physical planners in Malawi and must publish yearly lists of registered physical planners in the Gazette.

The Board must appoint a Registrar, who is the Chief Executive Officer, and may appoint other staff for the Secretariat.

The Registrar must manage and supervise the Secretariat, keep a register of all registered physical planners, and publish an annual Gazette notice listing their names, addresses, and qualifications, subject to the Board’s directions.

A person can apply for registration as a physical planner only if the stated qualification conditions are met, and a person can take Board-prescribed examinations after two years of post-qualification practical experience.

If the Board is satisfied that an application under section 84 is suitable, it must direct the Registrar to enter the applicant’s name in the register. The Registrar must then issue a certificate of registration to every person registered as a physical planner.

In exceptional cases, the Board may tell the Registrar to register a person for up to one year, or for the length of the specific work, if the person is qualified, not ordinarily resident in Malawi, and intends to live and work there as a physical planner.

The Board may discipline a registered physical planner if certain misconduct or public-interest conditions are met.

The Board may remove a physical planner’s name from the register if certain grounds apply; the Registrar must notify the person in writing and publish the removal details in the Gazette.

The Board may restore a physical planner’s name to the register or end the planner’s suspended registration.

The Registrar may alter or correct a register, but only with the Board’s prior approval.

A person aggrieved by certain Board decisions may apply to the High Court for judicial review within 21 days after receiving the written decision.

A person whose name is on the register may use the title "Registered Physical Planner"; using it contrary to that rule is an offence punishable by a K500,000 fine and up to one year in prison.

A person must not practice as a physical planner unless registered under the Act.

The Board’s funds are made up of specified fees, administrative penalties, and other money or property that becomes payable to or vests in the Board under law, trust, or gift.

The Commissioner or an authorized officer may enter land or buildings for inspection and related development-control purposes, with notice rules for certain entries and a duty to identify themselves first.

The responsible authority must keep a prescribed register of development permission applications and enforcement notices, and the public may copy entries only with permission and on payment of the prescribed fee.

The Commissioner may publish certain periodicals and reports with the Minister’s approval, and those publications may be made available to the public free of charge. Section 98 also creates offences for a range of noncompliant acts and sets fines and imprisonment on conviction.

The Minister may make regulations under this section, including forms, procedures, fees, materials, and other prescribed matters.

This section repeals the Town and Country Planning Act and saves certain existing subsidiary legislation and prior acts done under it.