No.

12 Physical Planning (Amendment) 1

(Published 20th May, 2022)

Act

No. 12 of 2022

I assent

DR. LAZARUS MCCARTHY CHAKWERA

PRESIDENT
12th May, 2022

ARRANGEMENT OF SECTIONS
SECTION
1. Short title and commencement
2. Amendment of s. 2 of Cap. 23:01
3. Replacement of s. 4 of the principal Act
4. Replacement of s. 20 of the principal Act
5. Amendment of s. 33 of the principal Act
6. Insertion of s. 43A into the principal Act
7. Replacement of s. 45 of the principal Act
8. Amendment of s. 46 of the principal Act
9. Repeal of s. 57 of the principal Act
10. Amendment of s. 59 of the principal Act
11. Amendment of s. 67 of the principal Act
12. Amendment of s. 74 of the principal Act
13. Amendment of the First Schedule to the principal Act
An Act to amend the Physical Planning Act
ENACTED by the Parliament of Malawi as follows—
1. This Act may be cited as the Physical Planning (Amendment) Short title
Act, 2022, and shall come into force on a date appointed by the and
Minister by notice published in the Gazette. commencem-
ent
2. The Physical Planning Act (hereinafter referred to as the Amendment
“principal Act”) is amended, in section 2, by deleting the definition of s. 2 of
of the term “responsible authority” and substituting therefor the Cap. 23:01

following new definition__

2 Physical Planning (Amendment) No. 12

““responsible authority” includes__

(a) the planning committee;
(b) the Council;
(c) the Commissioner; and
(d) the Minister;”.
Replacement of 3. Section 4 of the principal Act is repealed and replaced with the
s. 4 of the
principal Act
following new section 4 __
“Commissioner 4. __ (1) There shall be a Commissioner for Physical
for Physical Planning (in this Act otherwise referred to as the
Planning
“Commissioner”) who shall be a public officer.
(2) A person shall not qualify for appointment as
Commissioner unless he__
(a) holds a bachelor’s degree in physical planning;
(b) is licensed as a physical planner under this Act;
and
(c) has not less than 10 years’ experience in
physical planning.”.
Replacement of 4. Section 20 of the principal Act is repealed and replaced with
s. 20 of the
principal Act
the following new section 20__

“Composition, 20. __ (1) A planning committee shall consist of the

procedure, following members__
functions and
powers of a (a) in the case of a City Council, Municipal
planning
committee
Council or Town Council__
(i) the Director of Planning and Development,
who shall be the Secretary;
(ii) the Urban Physical Planning Officer;
(iii) the Urban Lands Officer;
(iv) the Urban Engineer;
(v) the Urban Surveyor;
(vi) the Urban Water Engineer;
(vii) the Urban Architect;
(viii) the Director of Social Services of the
Council;
(ix) the Urban Environmental Officer;
(x) a member of the Urban Development
Committee;
No. 12 Physical Planning (Amendment) 3

(xi) a member of the Urban Works Committee;

(xii) a registered physical planner in private
practice duly appointed by the Commissioner on
recommendation from the Physical Planners
Board; and
(xiii) a member of the civil society
representing the human settlement sector; and
(b) in the case of a District Council__
(i) the District Physical Planning Officer, who
shall be the Secretary;
(ii) the District Lands Officer;
(iii) the District Engineer;
(iv) the District Surveyor;
(v) the District Agricultural Officer;
(vi) the District Education Officer;
(vii) the District Community Development
Officer;
(viii) the District Public Health Officer;
(ix) the District Environmental Officer;
(x) a member of the District Development
Committee;
(xi) a member of the District Works
Committee;
(xii) a registered physical planner in private
practice duly appointed by the Commissioner on
recommendation from the Physical Planners
Board; and
(xiii) a member of the civil society
representing the human settlement sector.
(2) The members shall, at the first meeting of the
planning committee, elect a chairperson from amongst
their number.
(3) The planning committee shall elect its
chairperson by secret ballot and by a simple majority;
(4) An ex-officio member of the planning committee
shall not be eligible to be elected as chairperson;
4 Physical Planning (Amendment) No. 12

(5) A planning committee may appoint such sub-

committees as may be required to assist the committee
in discharging its functions under the Act.
(6) The planning committee shall be responsible
for__
(a) the review and determination of applications
for planning permission, taking into account
applicable plans;
(b) overseeing construction activities and ensuring
that the activities are consistent with applicable
master plans;
(c) providing guidance on land use and
management in its area of jurisdiction; and
(d) providing guidance in enforcement activities in
its area of jurisdiction.
(7) Where a member of a planning committee has a
financial or proprietary interest in any matter coming
before the planning committee in respect of the exercise
of its functions under the Act, the member shall disclose
such interest to the planning committee and, if it is a
matter on which a vote is to be taken, the member shall
not vote on the matter.”.
Amendment of 5. Section 33 of the principal Act is amended, in subsection (1),
s. 33 of the by adding a new paragraph (e) as follows __
principal Act
“(e) a rural layout plan, which shall be a simple land use plan
for the whole of a village area.”.
Insertion of 6. The principal Act is amended by inserting, immediately after
s. 43A into the
principal Act
section 43, a new section 43A as follows -
“Malawi as a 43A. Subject to this Act, a person shall not carry out
planning area
any development in Malawi without a planning
permission granted under this Part.”.
Replacement of 7. Section 45 of the principal Act is repealed and replaced with
s. 45 of the
principal Act
the following new section 45 __
“Types of 45. The types of development permission that may
development be granted under this Part are as follows__
permission
(a) an outline development permission and
development permission for development anywhere
in Malawi including within a land development
control area;
No. 12 Physical Planning (Amendment) 5

(b) an advertisement permission for the display of

advertisements anywhere in Malawi;
(c) a subdivision permission for the subdivision of
land;
(d) a permission for change of use of land or
building;
(e) a permission for construction of utilities and
services such as roads, power lines, water pipes and
sewer lines; and
(f) a permission for amalgamation of plots.”.
8. Section 46 of the principal Act is amended __ Amendment
of s. 46 of the
(a) in subsection (1), by deleting paragraph (a) and substituting principal Act
therefor the following new paragraph (a) __
“(a) made to a local government authority, where there is a
planning committee, or to the Commissioner, where there is no
planning committee;” and
(b) by deleting subsection (8) and substituting therefor the
following new subsection (8) __
“(8) The responsible authority shall, within thirty days of the
receipt of an application for development permission, inform the
applicant of the decision on the application, or where no decision
has been made, of the progress on the application, and the likely
date by which a decision will be made:
Provided that where the responsible authority fails to make a
decision or to advise the applicant of the progress on the
application within sixty days of the receipt of the application for
development permission, the applicant shall be at liberty to
commence development.”.
9. Section 57 of the principal Act is repealed. Repeal of s.
57 of the
principal Act

10. Section 59 of the principal Act is amended by deleting Amendment

subsection (2) and substituting therefor the following new of s. 59 of the
subsection (2) __
principal Act

“(2) A person who feels aggrieved by the stop notice issued

pursuant to subsection (1) may appeal to the Council within thirty
days from the date of service of the notice:
Provided that the person shall not continue with the development
until the appeal is disposed of in his favour.”.
6 Physical Planning (Amendment) No. 12

Amendment of 11. Section 67 of the principal Act is amended by deleting

s. 67 of the
subsection (2) and substituting therefor the following new
subsection (2) __
principal Act

“(2) Any acquisition of land and any payment of compensation

therefor under this Act shall be in accordance with the Lands
Cap. 58:04 Acquisition and Compensation Act.”.
Amendment of 12. Section 74 of the principal Act is amended, in subsection (1),
s. 46 of the
principal Act by deleting the word “Registrar” and substituting therefor the word
“Commissioner”.
Amendment of 13. The First Schedule to the principal Act is amended by
the First
deleting paragraph (a) and substituting therefor the following new
paragraph (a) __
Schedule to the
principal Act

“(a) the building by the lessee or licensee of or under which the

plot is held and any rules regulating building operations within a
traditional housing area and subject to the provisions of section
43 of this Act;”.

Passed in Parliament this twenty nineth day of March, two thousand and
twenty-two.

FIONA KALEMBA
Clerk of Parliament