Since the nineties, Malaysian Chinese have had the additional option for selecting a final resting place in a privately operated memorial park. Just like the traditional cemeteries mostly managed by clan associations and non-governmental organisations, the leading private memorial parks in Malaysia usually span across hundreds of acres of private land. This article looks at some broad issues concerning land used to develop private memorial parks, as well as the planning matters concerning private memorial park development.

Private Land or State Land – Approved Use is Crucial

Many traditional Chinese cemeteries are situated on State Land, which is generally referring to land approved by a State government for specific use, with no separate title deed being issued. The management of such State Land is usually granted to the clan association or non-governmental organisation. All use of State Land and any changes thereto will require approval from the State government. On the other hand, majority of private memorial parks in Malaysia have been developed on land privately owned by companies or individuals.

It is crucial that one check the “express condition” or “Syarat Nyata” and the “category of land use” or “Kegunaan Tanah” endorsed on the title deed that the land has been approved and categorised for use as cemetery or memorial park. Where State Land is concerned, one may check on the land details such as location and size of land, its approved use and the approved tenure of such use.

Caring Tip 1: Check the Prospectus and the Purchase Agreement to ascertain the land status and approved use of the land. Ask, as this is crucial.

Freehold or Leasehold

Due to the common view that a cemetery is to exist perpetually, one would have thought that only freehold land which is approved in perpetuity is suitable for memorial park development. Indeed, freehold land will not pose risk of a memorial park “illegally” existing nor the risk of having to relocate to another land later, when leasehold tenure expires.

Nevertheless, it does not mean that it is wrong for leasehold land to be used as memorial park. One suggestion is for the management company to set up a sinking fund where money is collected and kept on trust, and sinking fund to be used to pay for leasehold renewal premium when approval is obtained, or to be used to acquire another land to relocate the existing burial plots or urns when circumstances require.

Caring Tip 2: When the land is leasehold, ask what safeguards are put in place to cover for eventuality of leasehold tenure expiry.

A private memorial park usually boasts systemic planning akin to a township development. It typically offers a comfortable environment enabling families to visit and pay respects to the departed buried in the memorial park anytime, and the park usually comes with an array of facilities and amenities that can be enjoyed and used by families during their visits to the memorial park.

In Malaysia, most of the local authorities have over the time updated their planning regulations of private memorial parks. A developer intending to develop a memorial park on a piece of land will be required to submit for Kebenaran Merancang (planning approval / development order), usually starting with a layout plan and development approval. Where buildings are involved, separate approvals for the building plans will need to be applied for, and Certificate of Completion and Compliance will be issued upon completion, just like any other property developments.

Typically, all necessary infrastructures and facilities such as roads, drainage, utility supplies, car parks, slope protection, columbarium buildings, etc and other amenities such as office, toilets, temple, chapels, joss and offering burners, etc would have been provided for by the management company for use by the visitors to their memorial park. Many memorial parks also adopt universal access designs to meet the needs of people with different abilities (Orang Kelainan Upaya / OKU).

Caring Tip 3: Check the Prospectus when considering a purchase to ascertain the status of planning approvals and provision of facilities and amenities in the park.

All land in Malaysia are subject to the possibility of compulsory acquisition by the authorities provided that reasonable compensation have been paid to landowner. When acquiring a licence for the right to use a burial,plot or an urn compartment in a memorial park or a cemetery, one does not acquire a piece of the land and therefore will not be entitled to a portion of the compensation paid upon a successful compulsory acquisition.

The use of State Land can be changed by the State authorities should there be the compelling need to do so. Arrangement to relocate would have to be made in the event that compulsory acquisition or change of use of State Land affects a public cemetery or a private memorial park. The rightful parties to handle these issues would be the trustee and the management company (and landowner if different from management company) representing the interests of all licensees who bought the rights of use of the products within such park or cemetery.

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