Regulating the registration and operation of homestay in Malaysia / Rozlinda Abdullah

The Malaysian Homestay Programme introduced and spearheaded by the Ministry of Tourism Malaysia (MOTAC) is a form of rural cultural-community-based tourism that strategically aims to eliminate poverty and economically empower disadvantaged local villagers through income diversification in the sustai...

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Main Author:	Abdullah, Rozlinda
Format:	Thesis
Language:	English
Published:	2022
Subjects:	Homestay
Online Access:	https://ir.uitm.edu.my/id/eprint/72663/2/72663.pdf
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id	my-uitm-ir.72663
record_format	uketd_dc
spelling	my-uitm-ir.726632023-05-26T03:22:59Z Regulating the registration and operation of homestay in Malaysia / Rozlinda Abdullah 2022 Abdullah, Rozlinda Homestay The Malaysian Homestay Programme introduced and spearheaded by the Ministry of Tourism Malaysia (MOTAC) is a form of rural cultural-community-based tourism that strategically aims to eliminate poverty and economically empower disadvantaged local villagers through income diversification in the sustainable development agenda. MOTAC has provided the Malaysian Homestay Registration Guidelines (MOTAC Guidelines) to govern the Malaysian Homestay Programme, which is not comprehensive and only addresses registration, criteria, and application process procedures. Thus, to boost the confidence of tourists and maintain the sustainability of the Malaysian Homestay Programme, this research examines the shortcomings of the current MOTAC Guidelines, the Handbook on Homestay Operation, and other related laws which may directly and indirectly govern operations and registration of homestay in Malaysia, such as the Innkeepers Act 1952, Uniform Building By-Laws Act 1984, National Land Code 1950, Town and Country Planning Act and also Hotel (Malacca) By-Laws and consequently propose some improvements. A comparative study (when necessary) is made with other similar legal instruments applied by other selected countries in identifying the strength and weaknesses in the operation and registration of homestay in Malaysia, such as Rules of Homestay Facilities 2001 in Taiwan, ASEAN Homestay Standard, and the UK and USA related law for benchmarking and lessons to be learned. An analysis of the homestay programme from the Islamic perspective is also being made. By adopting a qualitative method, this research recommends that the best model of homestay should be adopted by categorising the homestay into different types of homestays i.e., home-sharing, temporary short-term rentals, and short-term commercial rentals, in order to establish and differentiate the related legal requirements, for example, planning permission. Hence, if the homestay operator has not changed the nature of the purpose of the property, planning permission is not needed. However, planning permission is required to be obtained if there is a change of use from private residential property to homestay services that has been commercialised to a certain extent represents a material change of use of the property. This research also recommends that the Local Planning Authority may consider issuing homestay operators provisional or temporary planning permission (TPP), which is a short-term approval and only permissible for a transitory nature of the use of land and buildings. In addition, MOTAC Guidelines need to improve on matters relating to pre- and post registration, including the requirement to include provisions on disclosure of applicants' income, safekeeping of guests' particulars, distribution of guests, the safety of guest's property, and Syariah principles in the homestay code of conduct. This research is significant in assisting the policymakers in regulating the registration and operation of Malaysian Homestay Programme in order to maintain its sustainability. 2022 Thesis https://ir.uitm.edu.my/id/eprint/72663/ https://ir.uitm.edu.my/id/eprint/72663/2/72663.pdf text en public phd doctoral Universiti Teknologi MARA (UiTM) Faculty of Law Abdullah, Nuraisyah Chua
institution	Universiti Teknologi MARA
collection	UiTM Institutional Repository
language	English
advisor	Abdullah, Nuraisyah Chua
topic	Homestay
spellingShingle	Homestay Abdullah, Rozlinda Regulating the registration and operation of homestay in Malaysia / Rozlinda Abdullah
description	The Malaysian Homestay Programme introduced and spearheaded by the Ministry of Tourism Malaysia (MOTAC) is a form of rural cultural-community-based tourism that strategically aims to eliminate poverty and economically empower disadvantaged local villagers through income diversification in the sustainable development agenda. MOTAC has provided the Malaysian Homestay Registration Guidelines (MOTAC Guidelines) to govern the Malaysian Homestay Programme, which is not comprehensive and only addresses registration, criteria, and application process procedures. Thus, to boost the confidence of tourists and maintain the sustainability of the Malaysian Homestay Programme, this research examines the shortcomings of the current MOTAC Guidelines, the Handbook on Homestay Operation, and other related laws which may directly and indirectly govern operations and registration of homestay in Malaysia, such as the Innkeepers Act 1952, Uniform Building By-Laws Act 1984, National Land Code 1950, Town and Country Planning Act and also Hotel (Malacca) By-Laws and consequently propose some improvements. A comparative study (when necessary) is made with other similar legal instruments applied by other selected countries in identifying the strength and weaknesses in the operation and registration of homestay in Malaysia, such as Rules of Homestay Facilities 2001 in Taiwan, ASEAN Homestay Standard, and the UK and USA related law for benchmarking and lessons to be learned. An analysis of the homestay programme from the Islamic perspective is also being made. By adopting a qualitative method, this research recommends that the best model of homestay should be adopted by categorising the homestay into different types of homestays i.e., home-sharing, temporary short-term rentals, and short-term commercial rentals, in order to establish and differentiate the related legal requirements, for example, planning permission. Hence, if the homestay operator has not changed the nature of the purpose of the property, planning permission is not needed. However, planning permission is required to be obtained if there is a change of use from private residential property to homestay services that has been commercialised to a certain extent represents a material change of use of the property. This research also recommends that the Local Planning Authority may consider issuing homestay operators provisional or temporary planning permission (TPP), which is a short-term approval and only permissible for a transitory nature of the use of land and buildings. In addition, MOTAC Guidelines need to improve on matters relating to pre- and post registration, including the requirement to include provisions on disclosure of applicants' income, safekeeping of guests' particulars, distribution of guests, the safety of guest's property, and Syariah principles in the homestay code of conduct. This research is significant in assisting the policymakers in regulating the registration and operation of Malaysian Homestay Programme in order to maintain its sustainability.
format	Thesis
qualification_name	Doctor of Philosophy (PhD.)
qualification_level	Doctorate
author	Abdullah, Rozlinda
author_facet	Abdullah, Rozlinda
author_sort	Abdullah, Rozlinda
title	Regulating the registration and operation of homestay in Malaysia / Rozlinda Abdullah
title_short	Regulating the registration and operation of homestay in Malaysia / Rozlinda Abdullah
title_full	Regulating the registration and operation of homestay in Malaysia / Rozlinda Abdullah
title_fullStr	Regulating the registration and operation of homestay in Malaysia / Rozlinda Abdullah
title_full_unstemmed	Regulating the registration and operation of homestay in Malaysia / Rozlinda Abdullah
title_sort	regulating the registration and operation of homestay in malaysia / rozlinda abdullah
granting_institution	Universiti Teknologi MARA (UiTM)
granting_department	Faculty of Law
publishDate	2022
url	https://ir.uitm.edu.my/id/eprint/72663/2/72663.pdf
_version_	1783735957716992000

Regulating the registration and operation of homestay in Malaysia / Rozlinda Abdullah

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