Legal considerations for urban underground space development in Malaysia

Zaini, Farah; Hussin, Khadijah; Raid, Maryanti Mohd

doi:10.1016/j.undsp.2017.11.001

Cited by 20 publications

(14 citation statements)

References 5 publications

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“…However, the decision on whether it is practical to establish a fixed downward limitation on UUS ownership remains controversial [98], as the required volume of supporting and developed space depend on geotechnical conditions (such as soft clay and hard rock) and land use purposes (such as high-rise complex building and low-rise residential building), which are dynamic over time [100]. For countries without a fixed downward limitation, UUS ownership is generally extended to the depth where UUS can be "reasonably necessary" below a minimum disposal depth (i.e., 6 m for agriculture, 10 m for building, and 15 m for industry, Malaysia [100]), or has "no interests in exclusion" (Germany), or a "plausible interest can be manifested" (Switzerland) [96]. In practice, however, these stipulations lack manageability and often make judgment time-consuming, particularly in countries with wide UUS use.…”

Section: Rrrs Of Uusmentioning

confidence: 99%

A collaborative approach for urban underground space development toward sustainable development goals: Critical dimensions and future directions

Peng

Qiao

Sabri

et al. 2021

Front. Struct. Civ. Eng.

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The utilization of urban underground space (UUS) offers an effective solution to urban problems but may also negatively affect urban development. Therefore, UUS development needs better concerted guidelines to coordinate various urban systems and the multiple components of the underground world. Sustainable Development Goals (SDGs), which should be viewed as important yardsticks for UUS development, do not explicitly mention urban underground space, although many of them are affected by both the positive and negative consequences of its development. To fill this gap, this review lays the foundations of relevant UUS concepts and uses exemplary cases to reveal that 11 out of 17 SDGs can be linked with UUS uses. These linkages also manifest that land administration, integrated planning, architectural design, and construction technology are critical dimensions for increasing the contributions of UUS to the realization of SDGs. To achieve multi-disciplinary synergies among these four critical dimensions, a collaborative approach framework based on spatial data infrastructure is required. Thus, this work provides academics and practitioners with a holistic view of sustainable UUS development.

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Section: Rrrs Of Uusmentioning

confidence: 99%

A collaborative approach for urban underground space development toward sustainable development goals: Critical dimensions and future directions

Peng

Qiao

Sabri

et al. 2021

Front. Struct. Civ. Eng.

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“…Appropriate legislation can help to prevent boundary disputes and clarify the real extent of ownership RRRs in underground environments (Figure 3). Current legislation is mostly relevant to the ground surface; they have some limitations for registering and managing underground spaces [18,[29][30][31]. There are still some challenges that should be addressed to modernise ULA [4].…”

Section: Legal Aspectsmentioning

confidence: 99%

“…There are still some challenges that should be addressed to modernise ULA [4]. Therefore, it is important to Current legislation is mostly relevant to the ground surface; they have some limitations for registering and managing underground spaces [18,[29][30][31]. There are still some challenges that should be addressed to modernise ULA [4].…”

Section: Legal Aspectsmentioning

confidence: 99%

Underground Land Administration from 2D to 3D: Critical Challenges and Future Research Directions

Saeidian

Rajabifard

Atazadeh

et al. 2021

Land

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The development and use of underground space is a necessity for most cities in response to rapid urbanisation. Effective underground land administration is critical for sustainable urban development. From a land administration perspective, the ownership extent of underground assets is essential for planning and managing underground areas. In some jurisdictions, physical structures (e.g., walls, ceilings, and utilities) are also necessary to delineate the ownership extent of underground assets. The current practice of underground land administration focuses on the ownership of underground space and mostly relies on 2D survey plans. This inefficient and fragmented 2D-based underground data management and communication results in several issues including boundary disputes, underground strikes, delays and disruptions in projects, economic losses, and urban planning issues. This study provides a review of underground land administration from three common aspects: legal, institutional, and technical. A range of important challenges have been identified based on the current research and practice. To address these challenges, the authors of this study propose a new framework for 3D underground land administration. The proposed framework outlines the future research directions to upgrade underground land administration using integrated 3D digital approaches.

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“…With focus shifting from 2D to 3D property legislation, the concept of 3D property rights and its legal framework has been set up successively in some countries, for example the USA, Australia, the Netherlands, Sweden, Japan, and Korea. Legal issues related to 3D property seem to focus on some main topics, according to surveys of legal 3D publications [8,9]: (1) forms of 3D property rights, such as the independent model of "air rights" and the "sharing" model of condominium [10,11]; (2) standardization of 3D property, especially regarding the legal perspective of the Land Administration Domain Model (LADM) standard, such as Rights, Restrictions and Responsibilities (RRRs) [12][13][14][15]; (3) implementation, limits and consideration of national 3D property legislation [9,16]; and (4) registration of 3D property [17,18], such as registration and integration of 3D legal and physical objects [19][20][21]. The legal reform of 3D property rights is imperative for various countries around the world, because legal ambiguity cannot meet the increasing use of multi-storied developments and leave a latent trouble for future tenure security.…”

Section: Introductionmentioning

confidence: 99%

Legal Framework of Urban Underground Space in China

et al. 2020

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The booming of three-dimensional (3D) land use brings a change of the connotation of land rights, which will expand “flat” 2D land legislation with 3D land legislation. The legal issues of urban underground space for 3D objects in large cities around the world have been attracting more and more attention. A supportive legal framework is crucial for underground space utilization in a country. This paper analyzes the present 173 representative laws and regulations of urban underground space utilization and management of China from 1998 to 2018, and attempts to interpret the current laws and regulations of underground space from four aspects; by quantity, spatial distribution, legislative force and content. The result shows that poor legal framework of urban underground space in China, including low-level of legislative force, disunity of local legislation standard and absence of special statutes and regulations, are the main reasons causing ownership disputation, registration chaos, as well as no unanimous judicial practice. To address these issues, the paper refers to a case study for underground space legal framework in Japan and aims to form a set of top-down unified legal framework, including basic law, special statutes and regulations, as well as supplementary policies and documents of urban underground space, and proposes that the underground space planning should be incorporated as one essential portion of the master planning in China. By studying the legal system of underground space in Japan and China, this study may offer better insight for those conducting UUS legal framework research as well as serve as reference for countries with similar legal issues.

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Legal considerations for urban underground space development in Malaysia

Cited by 20 publications

References 5 publications

A collaborative approach for urban underground space development toward sustainable development goals: Critical dimensions and future directions

A collaborative approach for urban underground space development toward sustainable development goals: Critical dimensions and future directions

Underground Land Administration from 2D to 3D: Critical Challenges and Future Research Directions

Legal Framework of Urban Underground Space in China

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