Renovation approved by the local council. Do you still need the JMB’s consent?

Obtaining local council approval does not necessarily mean that an owner can proceed with renovation works in a strata development. Where the works require the Joint Management Body’s written approval, that requirement must also be satisfied.

In Badan Pengurusan Bersama D’Pines Ampang v Tay Kay Hiang (Michael) & Anor [2026] CLJU 1933, the Shah Alam High Court considered whether the documents relied on by two owners were sufficient to authorise their disputed renovations and installations.

What happened?

The dispute involved the co-owners of a townhouse within D’Pines Condominium.

The JMB brought proceedings over works which it said affected the development’s exterior, common property and building services. The disputed installations included swing gates, glass enclosures, awnings and a water filter in a riser room.

The owners maintained that they had followed the renovation process. They relied on documents involving the developer, the local council and a consultant, together with a renovation application and security clearance form.

The question was whether those documents actually amounted to the approval required for the disputed works.

Why was the JMB’s written approval still required?

The court explained that local council approval and management approval serve different purposes.

The local council exercises regulatory control. The JMB administers the strata scheme, including the applicable rules governing common property, the building’s external appearance and the interests of other owners.

Approval from one did not replace the approval required from the other.

The court also examined what the other documents actually said:

• The stamped renovation application showed an application or acknowledgment of receipt. It did not state that the disputed external works were approved.
• The security clearance form dealt with contractor access, deposits and clearance. It did not itself authorise the renovation works.
• The developer’s and consultant’s letters did not amount to the JMB’s written approval.

The developer’s witness also confirmed that, after the JMB was established, the developer was no longer in a position to grant permission for the renovation works.

Did it matter that the property was a townhouse?

The owners’ property remained part of a strata development. Its townhouse design did not exempt it from the applicable strata by-laws and house rules.

The court found that prior written approval was required for the disputed works affecting common property, building services, the exterior, façade or uniform appearance of the development.

However, the court distinguished purely internal works which did not affect those matters. The decision should not be read as treating every internal renovation in the same way.

Privacy and security concerns also did not, by themselves, excuse the requirement for approval. Likewise, the fact that other owners had installed similar fittings did not establish that these owners had obtained permission.

What did the court decide?

The court allowed the JMB’s claim and dismissed the owners’ counterclaim.

It restrained further renovations or installations affecting the common property or the parcel’s exterior without the JMB’s prior written approval. The owners also remained bound by an earlier Strata Management Tribunal award which had not been set aside.

The court awarded a total of RM30,000 in costs to the JMB and the developer.

Written approval: practical steps for owners and JMBs

Before instructing contractors, obtain a written decision covering the actual works you intend to carry out. Check that the approval identifies the relevant plans, installations and conditions. A received stamp, payment receipt or contractor entry pass may only confirm an administrative step.

If the works involve an awning, gate, external enclosure or equipment outside the parcel, identify whether they affect common property, the building’s appearance or shared services. Do not assume that an area beside your home is yours to alter, or that local council approval answers the strata-management requirements.

Where management has changed from the developer to the JMB, confirm which body has authority to approve the works. Earlier correspondence should be checked for what it actually authorised.

For JMBs, the approval process must also be clear and fair. The court expressly highlighted the need to tell owners how to apply, what documents are required, who may approve and whether an application has been approved or refused.

Application forms, contractor clearance documents and approval letters should clearly state their purpose. Decisions should identify the approved scope and conditions, or explain the reasons for refusal. A clear, consistent process helps prevent owners and management from proceeding on different understandings.

At the time of writing, an appeal against this decision is pending before the Court of Appeal.

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