Strata & Building Management
Boom gates on a public road
A boom gate or barrier at the entrance to a strata scheme may be enforceable if the road is common property, because Act 757 and the by-laws operate only on common property. If the road is a public road, a barrier is a matter for the local authority and road traffic law, not for the strata management body. The legal basis for the barrier depends entirely on who owns the road.
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Buyer action
| Best for | Buyers comparing a strata scheme against a guarded landed neighbourhood, and residents in a security-fee dispute. |
|---|---|
| Risk level | Medium |
| Buyer action | Send Lewis your building name, the charge you pay and what you are trying to decide, and he will tell you what to check first. |
Security is a budget line
This post works through blocking a public road needs local authority approval, and refusing entry to a non-paying resident is a different question again. Security is usually the largest single line in a scheme's budget, and it is almost entirely wages.
The legal basis for a barrier on common property
If a road is common property under the strata plan, Act 757 and the Third Schedule by-laws give the management body the power to control access to it. By-laws 17(1) and 17(2) allow the management corporation to require identification and order non-proprietors to leave. A boom gate is the mechanical expression of that power. The body may make additional by-laws under ss.32(3)(a) and 70(2)(a) to govern the use of the gate, set access hours, require registration, and impose fines up to RM200 under ss.32(3)(i) and 70(2)(i).
The barrier as a public-road issue
If the road is a public road, it is not common property. Act 757 does not apply, and the management body has no statutory power over it. Whether a barrier may be placed or maintained is a matter for the local authority and road traffic law, not for the strata scheme. Some local authorities permit barriers on private land backing onto public roads if conditions are met; others do not. The resident's role is to check with the local authority and obtain whatever permission is required, and not to assume that the residents' agreement or the scheme's by-laws authorise a barrier on public land.
Practical steps before a gate is built
The first step is always to establish the road's status: common property or public road. Ask the management body and the developer, then confirm directly with the local authority in writing. The reply should state the road's status and, if it is public, whether a barrier is permitted and under what conditions. A barrier installed without this confirmation risks being ordered removed by the local authority and exposing the management body to liability. Keep the written confirmation in the scheme's records.
Verify this against your own building
Ask what the security line costs per unit per month and how it has moved over three years. If the scheme is on public roads, ask what happens when a household stops paying — the answer tells you how stable the arrangement is.
Buyer checklist
Boom gates and barriers are access-control devices. Act 757 gives a management body power over access to common property under ss.32(3)(a) and 70(2)(a), which allow safety and security by-laws, and by-laws 17(1) and 17(2) let it identify persons and remove non-proprietors. That power is limited to common property. Where the road is public, no strata power applies — the road is subject to the local authority and road traffic law. The practical step is always the same: establish who owns the road first.
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| 1 | Establish the road status in writing with the local authority before proceeding. |
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| 2 | If the road is common property, confirm the by-law authority under ss.32(3)(a) or 70(2)(a). |
| 3 | If the road is public, obtain written permission from the local authority for the barrier. |
| 4 | Document the barrier's access rules in an additional by-law if the road is common property. |
| 5 | Retain all written confirmation from the local authority in the management body's records. |
Common questions
Can the management body install a boom gate?
Only if the road is common property. Under ss.32(3)(a) and 70(2)(a), the body may make by-laws for safety and security. If the road is public, the local authority decides whether a gate is permitted.
What happens if a barrier is placed on a public road without permission?
The local authority may order its removal, and the management body may face liability for unauthorised structures on public land. Always obtain written confirmation of the road status and permission first.
Can the scheme set access hours for the gate?
Yes, under additional by-laws made under ss.32(3)(a) and 70(2)(a) — but only if the road is common property. Fines for breaching the by-law are capped at RM200 under ss.32(3)(i) and 70(2)(i).
Who should I ask about whether a gate is permitted?
Start with the management body and developer for the road's status. Then confirm directly with the local authority in writing, asking whether a barrier is permitted and under what conditions.
Lewis Chong
REN 69566 · IQI GlobalProperty advisor helping KL, JB, and Penang buyers make data-backed property decisions.
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Establish the road status in writing with the local authority before proceeding.
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If the road is common property, confirm the by-law authority under ss.32(3)(a) or 70(2)(a).
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If the road is public, obtain written permission from the local authority for the barrier.
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Document the barrier's access rules in an additional by-law if the road is common property.