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(b) Where, any act or thing is done by or omitted to be done by an agent, servant or employee in the course of his duty as such, and such act or thing constitutes an offence under this section his principal, master or employer shall be liable for such offence as if such act or thing had been done or omitted to be done by him unless he can prove that it was done without his consent, connivance or knowledge and that he had taken reasonable precautions and exercise all due diligence to avoid the commission of such offence. Interpretation, sections 46 and 47
48. For the purposes of sections 46 and 47-- "garden refuse" means the refuse from garden and agricultural operations;
"public place" means any street, park, garden, promenade, fountain, traffic island or circus, playground, river bank, whether above or below high water mark, place of a public resort or any place to which the public has access;
"stable refuse" means the dung or urine of horses, cattle, sheep, goats or swine, and the sweepings or refuse or drainage from any stables or cattle-sheds or places for keeping sheep, goats, swine or poultry;
"trade refuse" means the refuse of any trade, manufacture or business or of any building operations;
"vehicle" means any vehicle whether mechanically propelled or otherwise.
PART III
*DRAINS
49. *(Deleted by Act A867). Local authority to construct and maintain drains and water- courses
50. (1) The local authority may cause to be made and constructed and maintained surface and storm water drains, culverts, gutters and water-courses and if necessary the local authority may request the State Authority to acquire any property in accordance with any *NOTE--See section 17 of the Street, Drainage and Building (Amendment) Act 1993 [Act A867]. 52 Laws of Malaysia ACT 133
law relating to the compulsory acquisition of lands for the time being in force in the State where the property is situate or may carry them through, across or under any street or any place laid out as or intended for a street or any cellar or vault which is under any street and, after reasonable notice in writing in that behalf may carry them into, through or under any enclosed or other lands whatsoever, doing as little damage as may be and making full compensation for any damage done:
Provided that no compensation shall be payable for any loss of business due to any works done under this section. (2) If any dispute arises touching the amount or apportionment of compensation, the same shall be settled in the manner hereinafter provided.
(3) For the purpose of subsection (1), in relation to the Federal Territory reference to the State Authority shall be construed as reference to the Government of the Federation.
Local authority may recover cost of improving and making drains, etc.
*51. (1) Where the local authority has made such main or has made such surface or storm water drains, culverts, gutters and water-courses, it may recover the cost of constructing and making such surface or storm water drains, culverts, gutters and water- courses, including the cost of acquiring any land or of any compensation paid in the course of such works.
(2) Such cost shall be paid by the persons who are frontagers when the work is completed.
(3) Notwithstanding subsection (2) the local authority may, with the approval of the State Authority, if satisfied that by any proposed development in any area existing surface or storm water drains, culverts, gutters or water-courses will have to be improved, require any developer in that area to deposit such sum as may be apportioned by the local authority as if such developer were a frontager before proceeding to develop that area:
Provided that the developer may, if the local authority so agrees, instead of depositing a sum of money give a security to the satisfaction of the local authority.
*NOTE--See section 17 of the Street, Drainage and Building (Amendment) Act 1993 [Act A867]. Street, Drainage and Building 53
(4) In determining the respective amounts to be paid by the frontagers or developers, the local authority may take into consideration--
(a) the area of their respective premises;
(b) the use to which their respective premises will be put; (c) the condition of the land, before, during and on completion of development;
(d) the degree of benefit to be derived by those premises from the construction of such surface or storm water drains, culverts, gutters and water-courses;
(e) where any section of such surface or storm water drains, culverts, gutters and water-courses has previously been constructed, the amount and value of such works executed by the frontager or developer;
(f) the cost of the premises voluntarily surrendered by the owners to the local authority; and
(g) any other matters which in the opinion of the local authority are relevant and proper to be considered.
(5) If the frontager or developer is dissatisfied with such apportionment of costs, he may within a period of one month of the receipt of the notice appeal to the State Authority whose decision shall be final and shall not be subject to any appeal or review in any court.
Prohibition against building unless provision made for drains, etc., and compliance with any notice or order
52. (1) No person shall erect upon any premises any building, rebuild any building which has been pulled down to or below ground floor or occupy any building so newly built or rebuilt unless surface or storm water drains, culverts, gutters and water courses of such specification as may be prescribed by the local authority, are provided on such premises to carry off waters other than sewage.
(2) If it appears to the local authority that a group or block of premises, whether contiguous, adjacent, detached or semi-detached should be drained in combination, the local authority may order that the waters other than sewage from such group or block of premises shall be carried off by a combined operation. 54 Laws of Malaysia ACT 133
(3) Where it appears to the local authority that any such drains, culverts, gutters and water courses require altering, enlarging, repairing or cleansing, it may by notice served on the owner or owners of the premises require him to effect such works. (4) Any person who contravenes subsection (1) or fails to comply with the requirements of any notice or order shall be liable on conviction to a fine not exceeding two thousand ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day that the offence is continued after conviction. (5) Where any person being required under the foregoing subsections fails to provide such drains, gutters, culverts or water courses or fails to comply with any notice or order under this section, the local authority may enter into his premises and execute such works and the cost and expenses of such works shall be recoverable by the local authority in the manner hereinafter provided. Local authority to repair and alter and may discontinue surface and storm water drains, etc.
*53. (1) The local authority shall maintain and keep in repair and, as it sees fit, enlarge, alter, arch over or otherwise improve all or any of the surface and storm water drains, culverts, gutters, and water-courses under the control of the local authority and may discontinue, close up or destroy such of them as it deems useless or unnecessary:
Provided that the local authority shall before entering any private property for the purpose of carrying out any work under this subsection, give reasonable notice in writing in that behalf, and shall in carrying out such works do as little damage as may be and shall make full compensation for any damage done. Not to cause nuisance
(2) The discontinuance, closing up or destruction of any of them shall be done as not to create a nuisance.
(3) If by reason thereof or of any such alteration as herein- before mentioned any person is deprived of the lawful use of any surface and storm water drains, culvert, gutter or water-course, the local authority shall with due diligence provide some other as effectual as the one of which he is so deprived.
*NOTE--See section 17 of the Street, Drainage and Building (Amendment) Act 1993 [Act A867]. Street, Drainage and Building 55
Cleansing and emptying surface and storm water drains, etc. *54. (1) The local authority shall cause the surface and storm water drains, culverts, gutters and water-courses under the control of the local authority to be so constructed, maintained and kept as not to be a nuisance or injurious to health and to be properly cleared, cleansed and emptied and, for the purpose of flushing, cleansing and emptying the same, it may construct and place, either above or under ground, such reservoirs, sluices, engines and other works as are necessary:
Provided that the local authority shall, before entering any private property for the purpose of carrying out any work under this subsection, give reasonable notice in writing in that behalf, and shall in carrying out such work do as little damage as may be and shall make full compensation for any damage done. (2) The local authority may, with the sanction of the State Authority, cause all or any of such surface and storm water drains, culverts, gutters and water-courses to communicate with and be emptied into the sea or other fit place, or may cause the refuse from the same to be conveyed by a proper channel to the most convenient site for its deposit, and may sell or otherwise dispose of the said refuse for any agricultural or other purposes as are deemed expedient so that it shall not become a nuisance. Penalty for making unauthorized drains into canal or stream *55. (1) Any person who without the prior written permission of the local authority--
(a) makes or causes to be made any drain into any of the drains or into any canal or stream under the control of the local authority;
(b) closes up stops or deviates any drains;
shall be liable on conviction to a fine not exceeding one thousand ringgit, and a Magistrate's Court on the application of the local authority, shall make a mandatory order requiring the owner to demolish, alter, re-make or otherwise deal with such drain as the Court thinks fit.
*NOTE--See section 17 of the Street, Drainage and Building (Amendment) Act 1993 [Act A867]. 56 Laws of Malaysia ACT 133
Water closets and trade effluent not to communicate with river, etc., without approval
(2) No water closet or privy shall be allowed to communicate with any river, canal, stream, pond, lake, sea or with any public surface or storm water drain without the prior written permission of the local authority responsible for such drain or, in any other case, without the consent of the State Authority. (3) No trade effluent shall be discharged into or allowed to communicate with any river, canal, stream, pond, lake, sea or with any public surface or storm water drain without the prior written permission of the local authority responsible for such drain or, in any other case, without the consent of the State Authority and the local authority or the State Authority may impose conditions to such permission.
Penalty
(4) Any person who sends, causes or permits to be discharged or sent into or along any river, canal, stream, pond, lake, sea or into or along any public surface or storm water drain any night soil or excrementitious matter contrary to subsection (2) or any trade effluent contrary to subsection (3) or contrary to any conditions imposed in the permission granted shall be liable on conviction to a fine not exceeding one thousand ringgit for each offence and a Magistrate's Court shall on the application of the local authority or of the State Authority as the case may be make a mandatory order requiring the owner to take such steps as the Court thinks fit to prevent any such communication or discharge. Rainwater pipes not to be used as soil pipes
56. (1) No pipe used for the carrying off of rainwater from any roof shall be used for the purpose of carrying off the soil or drainage from any privy or water-closet or any sullage water. (2) Any person who contravenes subsection (1) shall be liable on conviction to a fine not exceeding five hundred ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day during which the offence is continued after conviction.
Street, Drainage and Building 57
Water pipes, etc., not to be used as ventilating shafts
57. (1) No water pipe, stack pipe or down spout used for conveying surface water from any premises shall be used or be permitted to serve or to act as a ventilating shaft to any drain or sewer. (2) Any person who contravenes subsection (1) shall be liable on conviction to a fine not exceeding five hundred ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day during which the offence is continued after conviction.
Interpretation
58. (1) In this section, unless there is something repugnant in the subject or context--
"closet accommodation", "sink accommodation" and "urinal accommodation" include respectively a receptacle for human excreta, for slops or waste house hold refuse or liquids and a receptacle for urine, together, in each case, with the structure comprising such receptacle and the fittings and apparatus connected therewith; "bathroom accommodation" includes the bath or receptacle for water together with the structure or room or enclosure adapted or used for personal bathing or ablution and the fittings and apparatus thereof and therein or connected therewith;
"water-closet" and "urinal" mean respectively closet and urinal accommodation used or adapted or intended to be used in connection with the water carriageway system and comprising provision for the flushing of the receptacle by means of a fresh water supply, and having proper communication with a sewer;
"sink" and "bathroom" mean respectively sink and bathroom accommodation used or adapted or intended to be used in connection with a permanent water supply and having proper communication with a sewer;
"a sufficient water supply and sewer" means a water supply and sewer which are sufficient and reasonably available for use in, or in connection with the efficient flushing and cleansing of and the efficient removal of excreta and urine from such number of proper and sufficient water-closets and urinals as in pursuance of this 58 Laws of Malaysia ACT 133
section may be required to be provided in any particular case or in connection with a sink or bathroom, and a sewer shall be deemed reasonably available for use which is within one hundred feet of the boundary of the premises in which is situated the house in respect of which closet, sink, urinal or bathroom accommodation is to be provided.
Supply of water to closets and urinals
(2) Where there is a sufficient water supply and sewer the local authority may by written direction to any person submitting a plan or specification under section 70 relative to the erection or re-erection of any house or building, require such house or building to be provided with such number of proper and sufficient water- closets, urinals, sinks, and bathrooms as in the circumstances of the case are in the opinion of the local authority necessary and such water-closets, urinals, sinks, and bathrooms shall be communicated to the sewer.
(3) Where there is a sufficient water supply but no sewer, the local authority may by written direction to any person submitting a plan or specification under section 70 relative to the erection or re-erection or any house or building, require such house or building to be provided with either--
(a) such number of proper and sufficient water-closets, urinals, sinks and bathroom together with a system for the purification of sewage as and of a type which in the opinion of the local authority the circumstances of the case render necessary *and which complies with the Sewerage Services Act 1993; or
(b) such number of chemical closets of a type approved by the local authority as the local authority thinks fit. (4) Any person who fails to comply with any requirement of the local authority under subsection (2) or (3) shall be liable on conviction to a fine not exceeding one thousand ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day during which the offence is continued after conviction. *NOTE--See section 17 of the Street, Drainage and Building (Amendment) Act 1993 [Act A867]. Street, Drainage and Building 59
Sufficient supply of closet, sink, accommodation, etc. (5) If the local authority is satisfied that insufficient closet, sink, urinal or bathroom accommodation has been provided at or in connection with any house or building, the local authority may, by written notice to the owner or owners of the house or building require such house or building to be provided with such proper and sufficient closet, sink, urinal and bathroom accommodation as in the opinion of the local authority is necessary.
(6) If the owner or owners of such house or building fail to comply with any requirement of the local authority under subsection (5) the local authority may, at the expiration of a period of time which shall be specified in the notice and which period shall not be less than thirty days after the service of the notice, do the work required by the notice and may recover from the owner or owners the expenses incurred in so doing. When the owners must provide water-closets, etc.
(7) Where there is a sufficient water supply and sewer, the local authority may by written notice require the owner or owners of any house or building to provide in or adjacent to such house or building such water-closets, sinks, urinals and bathrooms as in the opinion of the local authority are necessary.
(8) If the owner or owners of such house or building fail to comply with any requirement of the local authority under subsection (7) the local authority may, at the expiration of a period of time which shall be specified in the notice and which period shall not be less than thirty days after the service of the notice, do the work required by the notice and may recover from the owner or owners the expenses incurred in so doing. *(9) (Deleted by Act A867).
Water pipe to be affixed to water-closets, etc., in certain houses (10) In the cases mentioned in subsections (5) and (7) where the house or building in question is not provided with a supply of water for domestic purposes the local authority may provide, fix and install to or for the house or building, water pipes leading from the public water mains to the water-closets, urinals, sinks and bathrooms and provide, fix and install such water fittings as it shall think necessary and the expenses and cost of so doing shall be payable by and be recoverable from the owner or owners of the house or building.
*NOTE--See section 17 of the Street, Drainage and Building (Amendment) Act 1993 [Act A867]. 60 Laws of Malaysia ACT 133
(11) In any case where, in accordance with subsection (10), the local authority has provided, fixed and installed to or for a house or building water pipes and fittings the local authority may enter into a contract with the relevant authority in charge of the supply of water to such house or building and the occupier of such house or building shall pay to the local authority for the water consumed therein or thereat at such rate as the local authority shall at its discretion in writing order and the order or a copy thereof duly certified as a true copy of such order shall be served upon the occupier within one month of such order being made and save as provided above the occupier shall be deemed to be the consumer with respect to the supply of water, and such order may require the occupier to pay a minimum monthly charge as determined by the local authority whether or not the occupier consumes the water so provided during any month.
Water-closet to be removed and replaced at the expense of owner
(12) The local authority may at any time give notice in writing to the owner of any house or building in which any water-closet or any fittings or apparatus connected with any water-closet has been provided whether under subsection (2), (3), (5) or (7) or otherwise requiring such owner to remove any such water-closet or any fittings or apparatus connected therewith and to replace the same by another water-closet or by other fittings or apparatus at such owner's expense, and if the owner of such house or building fails to comply with any requirement of the local authority under this subsection the local authority may at the expiration of any period specified in the notice, which shall not be less than thirty days from the service thereof, do the work required by the notice and recover from the owner of such house or building the expense incurred in so doing.
Water-closets, etc., to be maintained, etc., at the expense of owner
(13) All water-closets, urinals, sinks and bath-waste water fittings including those provided under subsection (2), (3), (5) or (7) shall be maintained, repaired and renewed by the owner of the house or building at his expense:
Provided that the cost of any repairs or renewals rendered necessary by reason of any damage negligently or wilfully done to any water-closet, urinal, sink or bath-waste water fittings by the occupier of the house or building shall be recoverable by the owner from such occupier.
Street, Drainage and Building 61
Local authority may require drain, etc., to be put in good order *(14) The local authority may by notice require the owner or owners of any building or land on which is situated any drain, urinal, water-closet, sink or bathroom which is not properly maintained or repaired or renewed to have such drain, urinal, water-closet, sink or bathroom to be repaired, or renewed or put in proper order and if the owner or owners fail to comply with the requirements of the local authority, the local authority may at the expiration of the period of time specified in the notice do the work required in the notice and may recover from the owner or owners the expenses incurred in so doing.
Local authority may require removal or alteration of urinals
59. (1) If any urinal or other sanitary convenience opening on any street is so placed or constructed as to be a nuisance or offensive to public decency, the local authority may, by notice in writing, require the owner to remove or alter it to the satisfaction of the local authority and within such period as may be fixed by the local authority.
Urinals or water-closets to be attached to refreshment houses, etc.
(2) Where any public house, eating house, refreshment room, theatre, cinema, exhibition or place of public entertainment has no urinal or water-closet or insufficient urinals or water-closets belonging or attached thereto, the local authority may, by notice in writing, require the owner of the premises to provide and maintain thereon one or more suitable urinals or water-closets in a suitable position. (3) Any owner who fails to comply with a notice under this section within such period as is specified therein shall be liable on conviction in respect of each offence to a fine not exceeding one thousand ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day during which the offence is continued after expiry of the period specified in the notice.
*60. (Deleted by Act A867).
*NOTE--See section 17 of the Street, Drainage and Building (Amendment) Act 1993 [Act A867]. 62 Laws of Malaysia ACT 133
Ventilating pipes to sewers
61. (1) The local authority may erect or fix to any building such pipes as are necessary for the proper ventilation of the drains and sewers belonging to it.
(2) Such pipes shall be erected so as not to occasion any nuisance or inconvenience to such building or any building in the neighbourhood.
*62. (Deleted by Act A867).
*63. (Deleted by Act A867).
*64. (Deleted by Act A867).
PART IV
BACK-LANES
Local authority may acquire land for part of back-lane
65. (1) Where upon the submission of a plan relating to a building for the approval of the local authority it appears that the site thereof or any land set apart by the person submitting the plan abuts upon any land capable of forming part of a back-lane, the local authority may, request the State Authority to acquire such last mentioned land, in accordance with any law relating to the compulsory acquisition of land:
Provided that no land shall be acquired under this subsection the acquisition of which would cause a severance of land from other land forming part of the same holding.
Acquisition of whole building if part rendered useless (2) Where the acquisition under this section of any portion of a building affixed to a holding renders useless the remainder of such building, the State Authority shall, if the owner so requires, acquire the remainder of the holding of which such building forms a part.
*NOTE--See section 17 of the Street, Drainage and Building (Amendment) Act 1993 [Act A867]. Street, Drainage and Building 63
Acquisition of whole holding in certain circumstances (3) Where the acquisition under this section of any portion of a holding having no building affixed to that portion or to the remainder of the holding, would render useless as a building site the remainder of the holding the State Authority shall, if the owner so requires acquire the remainder of the holding. Compensation where setting apart causes severance (4) In cases where a setting apart would cause a severance of land belonging to the owner from other land forming part of the same holding, then if the lesser portion of the land so severed has been rendered useless as a building site on account of the severance the State Authority shall if the owner so requires acquire such lesser portion.
State Authority may order back-lanes to be laid out
66. (1) The State Authority may at any time on the recommendation of the local authority, order that a back lane of a width not exceeding forty feet shall be laid out through any lands.
(2) The lands specified in the order made under subsection (1) may be acquired for purpose of providing such back-lane and the local authority may request the State Authority to acquire such lands in accordance with any law relating to the compulsory acquisition of land.
Specification of additional land in the order
(3) Any land which, in the opinion of the State Authority, may be required to be acquired by it under the provisions of subsection (4) or (5) or which abuts on or is near to the site of the back-lane may be specified in the order made under subsection (1) in addition to the land required for the site of the back-lane. Acquisition of whole building if part rendered useless (4) Where the acquisition under this section of any portion of a building affixed to a holding renders useless the remainder of such building, the State Authority shall, if the owner so requires, acquire the remainder of the holding of which such building forms a part.
64 Laws of Malaysia ACT 133
Acquisition of whole holding in certain circumstances (5) Where the acquisition under this section of any portion of a holding having no building affixed to that portion or to the remainder of the holding, would render useless as a building site the remainder of the holding, the State Authority shall, if the owner so requires, acquire the remainder of the holding. Local authority may recover cost of acquisition for and laying out or construction of back-lanes
67. (1) When the State Authority has acquired such lands as is necessary and the local authority has laid out or constructed a back lane, the local authority may recover the cost of acquiring such lands and of laying out or constructing the back-lane from the frontagers or developers or both.
(2) If such cost is to be paid by the frontagers it shall be paid by the persons who are frontagers when the work is completed. (3) In determining the respective amounts to be paid by such frontagers or developers, the local authority shall take into consideration--
(a) the frontage of their respective premises to such back-lane;
(b) the area of their respective premises;
(c) the degree of benefit to be derived by those premises from the laying out or construction of such back-lane; (d) the cost of the premises voluntarily surrendered by the owners to the local authority; and
(e) any other matters which in the opinion of the local authority are relevant and proper to be considered.
(4) Any back-lane laid out or constructed by the local authority shall be maintained by the local authority.
(5) For the purpose of subsections 65(2), (3), (4) and (5), section 66 and this section in relation to the Federal Territory, references to the State Authority shall be construed as references to the Government of the Federation.
Street, Drainage and Building 65
Declaration of back-lane as public street
68. Notwithstanding the provisions of this Part, the local authority may declare any back-lane to be a public street in accordance with the procedure laid down under section 13.
General provisions as to back-lanes
69. (1) In this Act and in by-laws made thereunder the expression "back-lane" includes every back-lane whether now or hereafter existing and part thereof and any approach thereto and all land already or hereafter acquired or set apart for or laid out as a back lane and all channels, drains and appurtenances of a back-lane. (2) The local authority may at any time at its sole discretion close up or otherwise prevent ingress, egress or regress over any back-lane controlled by it or any part thereof either totally or conditionally.
Removal of obstruction
(3) No person shall erect or maintain or permit to be erected or maintained any obstruction in or over any back-lane, and the local authority may, where any such obstruction exists, take down and remove the same and the cost and expense of taking down or removing such obstruction may be recovered from the person responsible for or who permitted its erection or maintenance in the manner hereinafter provided.
PART V
BUILDINGS
Notice of new buildings
70. (1) No person shall erect any building without the prior written permission of the local authority.
*(2) Any person who intends to erect any building shall submit-- (a) to the local authority such plans and specifications as may be required by any by-laws made under this Act; and
*NOTE--See section 17 of the Street, Drainage and Building (Amendment) Act 1993 [Act A867]. 66 Laws of Malaysia ACT 133
(b) to the relevant statutory authority such plans and specifications in respect of the sewerage system as may be required by any other written law.
(3) No plans for the erection of a building shall be approved-- (a) if the building is to be erected on any holding abutting on or having access to any new street or proposed new street, until plans for such new street have been approved by the local authority under the provisions of this Act; (b) before any deposit, required to be made under the provisions of section 18 has been made or unless such building or class of buildings have been exempted from the provisions of subsection 17(1) by the State Authority; and
(c) before any other conditions which the local authority may deem necessary to impose have been complied with. Local authority may give directions
(4) The local authority may give written directions to the person submitting a plan and specification with regard to any of the following particulars:
(a) compliance with this or any other Act or any by-laws, orders, rules or regulations made thereunder;
(b) the site of any building and the space to be left about any building to secure free admission of light and circulation of air and to facilitate scavenging;
(c) the levels at which the foundation and lowest floor are to be laid;
(d) the raising of the level of the site to form a stable and healthy foundation and the materials to be used in raising the same;
(e) the line of frontage with neighbouring buildings, if the building abuts on or is within fifty feet of a public street; (f) the front elevation, and where the side elevation abuts on or is within fifty feet of a public street the side elevation; (g) the setting forward or back of building to the regular line of street as defined in section 23;
Street, Drainage and Building 67
(h) the class, design and appearance of the building is to be erected in a district, locality or street in which only buildings of a certain class, design or appearance may be erected; (i) the provision of a sufficient and pure water supply within a reasonable distance of the building;
(j) the setting back of buildings to any building line; (k) the provision and construction of an arcade or paved footway for use of foot passengers along any portion of the building lot which abuts on a street.
(5) The person to whom any written directions are given shall amend the plans and specifications accordingly and re-submit the amended plans and specifications within such period as the local authority may specify.
(6) Where such amended plans are not re-submitted within the specified period, or such extended period, they shall not be re-considered and shall be deemed to have been withdrawn but he may submit fresh plans and specifications.
Buildings directed to be set forward
(7) Where a building is directed to be set forward to a regular line of street, it shall be a sufficient compliance with such direction if a wall or fence of such materials and dimensions as may be approved by the local authority is erected at a distance from the line sufficient to provide any arcade or footway which may be required under this Act.
Compensation where building directed to be set back (8) If the local authority directs any person submitting the plan of a building to set such building back to a regular line of street, the local authority may take possession of the land within the regular line of street and the land so taken possession of shall be acquired by the State Authority at the request of the local authority in accordance with any law relating to the compulsory acquisition of land and shall thenceforth be deemed a part of the public street. 68 Laws of Malaysia ACT 133
Notice of commencement of resumption of building operations (9) No person shall commence the erection of a building or resume the erection of a building in any case where the work of erection has been suspended for a continuous period exceeding three months unless--
(a) such work is commenced or resumed, as the case may be, within twelve months from the date on which the plans and specifications of such building were approved by the local authority; and
(b) he has given the local authority four days' notice in writing of his intention to commence or resume such work, as the case may be.
(9A) Notwithstanding subsection (9), no person shall commence the erection of a building unless a copy of the detailed structural plans of the building together with a legible copy of its structural calculations and any other particulars, documents or reports as may be required by the local authority have been submitted. (10) For the purposes of paragraph (9)(a), "plans and specifications" means the plans and specifications originally approved by the local authority but does not include any amending plans or specifications subsequently approved by the local authority in connection therewith.
(11) Any person who makes any alteration to any building otherwise than is provided for in this Act or by-laws made thereunder or without the prior written permission of the local authority shall be liable on conviction to a fine not exceeding one thousand ringgit and a Magistrate's Court shall, on the application of the local authority, issue a mandatory order to alter the building in anyway or to demolish it.
(12) Any person who uses any building or part of a building for a purpose other than which it was originally constructed for without the prior written permission from the local authority shall be liable on conviction to a fine not exceeding one thousand ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day during which the offence is continued after a notice to cease using for other purpose has been served on such person.
Street, Drainage and Building 69
(13) Any person who--
(a) commences or resumes the erection of a building in contravention of subsection (9);
(aa) commences the erection of a building in contravention of subsection (9A);
(b) deviates from any plan or specification approved by the local authority without the prior written permission of the local authority;
(c) erects a building in contravention of this Act or of any of the by-laws made thereunder; or
(d) fails to comply with any lawful order or written direction of the local authority or with any term or condition attached by the local authority to any modification or waiver of any of the requirements of any by-law,
shall be liable on conviction to a fine not exceeding ten thousand ringgit and shall also be liable to a further fine of two hundred and fifty ringgit for every day during which the offence is continued after conviction.
(14) In any case where proceedings have not been instituted against any person who, by reason of failure to obtain prior permission from the local authority, has contravened subsection (13) such person shall, on the submission of plans and specifications to the local authority in accordance with this Act, pay to the local authority a sum which shall be not less than five times but not exceeding twenty times the prescribed fees as the State Authority may prescribe, and in the event of plans and specifications being submitted without such payment, the local authority shall refuse to accept the same. (15) A Magistrate shall, on the application of the local authority or of a public officer authorized by the local authority in writing in that behalf, make a mandatory order requiring any person convicted of an offence under the provisions of subsection (13) to alter in any way or demolish the building.
What constitutes erecting a building
(16) For the purposes of this section and of section 75 a person shall be deemed to erect a building who--
(a) begins work on the site thereof for or in respect of a new building;
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(b) adds to or alters any existing building in such a manner as to involve--
(i) new foundations; or
(ii) new or partly new or increased super-structure or roof on existing walls or existing foundations;
(c) converts into a dwelling house any building not originally constructed for human habitation;
(d) converts into more than one dwelling house a building originally constructed as one dwelling house;
(e) converts to other purposes a house originally constructed as a dwelling house;
(f) departs either before or after the completion of the building in any particular form from any plan or specification approved by the local authority at any time in respect of such building;
(g) infringes the provisions of this Act or any by-laws relating to buildings;
(h) renews or repairs any existing building in such a manner as to involve a renewal, reconstruction or erection of any portion of an outer or party wall to the extent of one storey in height whatever the material of such outer or party wall is;
(i) demolishes and reconstructs or adds to a building in such a manner as to involve more than--
(i) half the superficial area of walls and partitions; or (ii) half the superficial area of floors (excluding ground floor)or roofs; or
(j) constructs an additional storey or storeys, or renews, reconstructs or erects an outer or party wall of the first, second or third storey counting from the ground, to the extent of one storey in height:
Provided that, for the purposes of subsection (2) and for the purposes of section 75 a person who executes or does any of the works or things specified in subparagraph (b)(ii), paragraph (f), (g) or (h) shall not be deemed to erect a building.
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The expression "erection of a building" shall be construed accordingly.
Works executed on the same building on two or more occasions within ten years may be deemed to be one reconstruction and aggregated for purposes of this definition.
(17) (a) Where the erection of any building is commenced or carried out in respect of any building, it shall be presumed, until proved to the contrary, to have been commenced or carried out by the owner of the land whereon such building is erected and he shall be liable therefor.
(b) Where a building is erected on vacant land and the person who actually erected the building is not known or cannot be found in Malaysia, the building shall be deemed to have been erected by the owner of such land who shall be liable therefor. Approval of plans
(18) If the local authority does not, within three calendar months from the date of the submission of any plans under subsection (2) or from the date of the resubmission of such plans amended pursuant to subsection (5), approve, disapprove or make written requisition with regard thereto, the person who has submitted the plan may apply to the State Authority, and the powers vested in the local authority under this section shall then vest in the State Authority. (19) Any plans, specifications, calculations, particulars, documents or reports required to be submitted under this section shall be prepared and certified by a qualified person.
Earthworks
70A. (1) No person shall commence or carry out or permit to be commenced or carried out any earthworks without having first submitted to the local authority plans and specifications in respect of the earthworks and obtained the approval of the local authority thereto.
(2) Where the earthworks are to be commenced or carried out for the purpose of the construction of any building, street, drain, sewer, or embankment, or for the laying of any cable or pipe, or for the purpose of any other construction or work whatsoever, the plans and specifications relating to such construction or work 72 Laws of Malaysia ACT 133
required to be submitted under this Act or any by-laws made thereunder shall be submitted to the local authority at the same time as the plans and specifications in respect of the earthworks. (3) In granting the approval under subsection (1) the local authority may impose such conditions as it deems fit.
(4) The local authority may, where it certifies that the safety of life or property is affected or is likely to be affected by any earthworks, order the immediate cessation of the whole or any part of the earthworks; the certificate of the local authority under this subsection shall be conclusive proof of the matters stated therein and shall not be questioned or be subject to any appeal or review in any court.
(5) Without prejudice to subsection (4), the local authority may, from time to time, give such directions as it deems fit in respect of any earthworks, and the same shall be complied with by the person to whom such directions are given, and where such directions are not complied with the local authority may order the cessation of the whole or any part of the earthworks.
(6) Notwithstanding subsections (4) and (5), the local authority may itself cause any work to be executed or any measure to be taken if it considers such work or measure necessary, and such work or measure may be in addition to or in place of anything required to be done under any direction or order given under subsection (4) or (5).
(7) Where cessation of the earthworks has been ordered under this section, the local authority may permit the resumption thereof subject to compliance with such directions or conditions as may be specified by the local authority.
(8) The local authority or any person authorised by it or on its behalf may enter upon any land, building or premises at any hour of the day or night without notice to the owner or occupier thereof for the purpose of executing any work under this section or for carrying out any inspection for the purpose of this section. (9) Any person who contravenes this section or fails to comply with any direction or order given under this section or does any act to obstruct in any manner whatsoever the entry or the execution of any work authorised to be effected or executed under this Street, Drainage and Building 73
section by or on behalf of the local authority shall upon conviction be guilty of an offence and shall be liable to imprisonment for a term not exceeding five years or to a fine not exceeding fifty thousand ringgit or to both, and in the case of a continuing offence to a fine which may extend to five hundred ringgit for everyday during which the offence is continued.
(10) Where a person has been convicted of an offence under subsection (9) the local authority may revoke the approval of the plans and specifications given under subsection (1), and the person carrying out the earthworks shall upon receipt of the notice of such revocation forthwith cease the whole of the earthworks. (11) Where cessation of the earthworks has been ordered under subsection (4) or (5) or is required to be effected under subsection (10) and the order or requirement is not complied with, the local authority may summarily eject any person or remove any equipment, vehicle, machinery or any article whatsoever from the site of the earthworks to secure the cessation of the earthworks and for this purpose may seek the assistance of the police.
(12) Where the local authority exercises its powers under subsection (6), (11) or (16), it may recover any expenses and costs incurred by it from the owner of the land on which the earthworks were carried out in the same manner as provided for the recovery of rates; the amount of the costs and expenses to be so recovered by the local authority shall be certified by the local authority and the certificate of the local authority in this regard shall be conclusive proof of the matters stated therein and shall not be subject to any appeal or review in any court.
(13) This section shall not apply to earthworks commenced or carried out by or on behalf of the Government of Malaysia or a State Government.
(14) Where any earthworks are commenced or carried out, the owner of the land on which such earthworks are commenced or carried out shall be deemed to have permitted such earthworks to be commenced or carried out.
(15) The local authority or any person authorised by it or on its behalf shall not be subject to any action, claim, liabilities or demand whatsoever arising out of the exercise of any of the powers conferred on the local authority under this section or under any by-laws made thereunder.
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(16) If any public street or any part thereof, or any building, or any structure, or any other property whatsoever belonging to the Government of Malaysia or any State Government or to the local authority is injured by or in consequence of any earthworks on any land, the local authority may repair and make good the damage done.
(17) The local authority may make by-laws--
(a) in respect of earthworks;
(b) to provide for plans and specifications in respect of earthworks;
(c) the submission of plans, specifications, particulars, documents and reports relating to earthworks, the persons qualified to submit the same and their duties and responsibilities, and the form and nature or classification of such plans, specifications, particulars, documents and reports and the fees therefor;
(d) to provide for the punishment for offences under the by- laws made under this section not exceeding a fine of two thousand ringgit and, in the case of a continuing offence, not exceeding a fine of one hundred ringgit for each day the offence is continued;
(e) to provide for exemption from all or any of the provisions of this section in respect of earthworks of a minor or temporary character; and
(f) generally to give effect to the objects and purposes of this section.
(18) In this section and in any by-laws made thereunder the word "earthworks" includes any act of excavation, levelling, filling with any material, piling, the construction of foundations, or felling of trees, on any land, or any other act of dealing with or disturbing any land.
Order to review safety and stability in the course of erection of building
70B. (1) Where there are changes to the topography, features to the land or the surrounding area brought about by the erection of building or natural causes which are not in conformity with any approved plan in relation thereto, the local authority may carry out a visual inspection.
Street, Drainage and Building 75
(2) Where the local authority reasonably suspects there is a defect, deformation or deterioration in the structure of a building under erection which may likely result in the failure of the building, the local authority may issue to the owner of the building an order to review the safety and stability of--
(a) the building;
(b) the foundation of the building; and
(c) the surroundings on which the erection of building is in progress.
(3) The review shall be undertaken by a qualified person other than the qualified person who prepared and certified the plans, calculations, particulars, documents or reports submitted to the local authority before the commencement of erection of building. (4) The report of the review shall be submitted to the local authority within the period specified by the local authority. (5) The local authority may, after evaluating the report of the review--
(a) certify that the safety of life or property is affected or is likely to be affected by the erection of building; and (b) serve a notice in writing to the owner of the building of its intention to issue an order for cessation of the erection of building.
(6) The local authority shall inform the owner of the building of his right to object to its intention to issue an order for cessation of the erection of building, within fourteen days from the date of service of the notice in paragraph (5)(b), and if no objections are received within the period the order for cessation shall be issued with immediate effect.
(7) If objections are received under subsection (6) the local authority shall, as soon as possible after the expiry of the period within which objections may be made, hear any person who has lodged an objection and thereafter decide whether-- (a) an order for cessation of the erection of building shall be issued; or
(b) directions under subsection (8) shall be given. 76 Laws of Malaysia ACT 133
(8) Without prejudice to its power under subsection (5) the local authority may, after evaluating the report of the review, give to any person written directions including the submission of a fresh or an amended plan in respect of the following: (a) the stabilization of slope;
(b) the provision of additional drainage facilities; (c) the strengthening of existing retaining walls and the construction of new walls;
(d) the provision of other additional features to support existing construction works; and
(e) such other matters as the local authority considers necessary, for the purpose of remedying any defect, deformation or deterioration in the structure of the building, removing any danger to life or property and ensuring safety and stability of the building, its foundation and surroundings and such directions shall be complied with within the period specified therein.
(9) Where the directions given under subsection (8) are not complied with, the local authority may order the cessation of the whole or any part of the erection of building.
(10) Where an order for cessation of the erection of building made under--
(a) subsection (6);
(b) paragraph (7)(a); or
(c) subsection (9), whether in whole or in part,
is not complied with, the local authority may summarily eject any person or remove any equipment, vehicle, machinery or article from the site where the building is being erected to secure the cessation of the erection of building and for this purpose may seek the assistance of the police.
(11) Notwithstanding subsections (8), (9) and (10) the local authority may execute any work, take any measure or demolish a building under erection--
(a) if it considers such work, measure or demolition necessary to prevent an imminent danger to life or property; or Street, Drainage and Building 77
(b) in the case of non-compliance with any directions given under subsection (8),
and such work, measure or demolition may be in addition to or in place of anything required to be done under such directions and the local authority may recover all expenses reasonably incurred by it in doing so from the owner of the building. (12) The local authority or any person authorised by it or on its behalf may enter the site of a building under erection and the building under erection at any time without notice to the owner thereof to carry out an inspection or for any other purposes under this section.
(13) Where--
(a) the cessation of the erection of building--
(i) has been ordered under subsection (6), paragraph (7)(a) or subsection (9), as the case may be; or
(ii) has been secured under subsection (10);
(b) the directions given under subsection (8) have been complied with; or
(c) any remedial work has been executed or measure has been taken under subsection (11),
the local authority may allow the resumption of the erection of building subject to compliance with such directions and conditions as it may specify.
(14) The local authority may, without prejudice to its right to recover the expenses under section 104, refuse to allow the resumption of the erection of building under subsection (13) until all expenses reasonably incurred by it in securing the cessation of the erection of building, executing the work or taking the measure have been reimbursed by the owner of the building.
(15) Any person who--
(a) fails to comply with any order, direction or condition given under this section; or
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(b) does any act to obstruct in any manner whatsoever the local authority or any person authorised by it or on its behalf in the execution of its or his powers under this section,
shall be liable on conviction to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both, and shall also be liable to a further fine not exceeding five hundred ringgit for every day during which the offence is continued after conviction.
Revocation of approval of any plan, specification and permission 70C. Where a person has been convicted for an offence under subsection 70B(15), the local authority may revoke the approval of any plan and specification and permission given under this Act and he shall, upon receipt of the notice of such revocation, forthwith cease the whole of the erection of building.
Inspection of erection of building at any stage and taking of sample for analysis
70D. (1) Nothing contained in this Act shall prevent the local authority or any person authorized by it or on its behalf from-- (a) inspecting any erection of building at any stage; (b) giving a notice in writing of any deviation from the approved plan or specification or non-compliance with any provision of this Act which it or he may observe; and (c) ordering such deviation or non-compliance to be rectified. (2) The local authority or any person authorised by it or on its behalf may, if its or his duties so require, take reasonable samples of any building material for analysis as it or he considers necessary, and such sample may be disposed off in such manner as it or he may direct.
(3) No payment shall be made for any sample taken under subsection (2) but a receipt for any such sample shall be given. Street, Drainage and Building 79
Penalty for failure of building or earthworks
71. Where any building or part of a building fails, whether in the course of construction or after completion, or where there is any failure in relation to any earthworks or part of any earthworks, whether in the course of the carrying out of the earthworks or after completion thereof, and the cause of such failure is due to any one or more of the following factors:
(a) misconstruction or lack of proper supervision during construction;
(b) misdesign or miscalculation; or
(c) misuse,
of such building or part of such building, or of such earthworks or part of such earthworks, the person responsible for-- (aa) such misconstruction or such lack of proper supervision; (bb) such misdesign or miscalculation; or
(cc) such misuse,
shall be liable on conviction to a fine not exceeding *five hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both.
Demolition or removal of unauthorised building
72. (1) Where the local authority is satisfied that a building has been erected or is in the course of erection or is about to be erected in contravention of section 70 or, if such building has been erected prior to the coming into force of this Act in contravention of any law then in force relating to buildings and in respect of which building approval under any law was not given subsequently, the local authority may by notice served on the owner of the land require him to do any one or more of the following acts: (a) to abstain from commencing or proceeding with the erection of such building;
(b) to demolish such building within such time as the local authority may specify; and
(c) to take steps as may be ordered by the local authority. * NOTE--Previously "fifty thousand ringgit"see Street, Drainage and Building (Amendment) Act 1994 [Act A903].
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(2) Where the owner is unable to demolish such building within the time specified in the notice, the owner may request the local authority to carry out the requirements of the notice. (3) No request by the owner made under subsection (2) shall absolve the owner from his liability under this section unless he makes the request within the time specified for him to demolish such building and unless within the same period of time he-- (a) deposits with the local authority such sum which the local authority thinks is sufficient to cover the costs and expenses of--
(i) demolishing such building;
(ii) removal of any movable property found in such building;
(iii) storage of such movable property; and
(iv) any other activities incidental to or arising out of subparagraphs (i),(ii) and (iii);
(b) indemnifies and keeps indemnified the local authority against any claim, damage, loss, action or proceedings that may be brought against the local authority arising out of and incidental to subparagraphs (i), (ii), (iii) and (iv); and
(c) notwithstanding any sum paid under paragraph (a), pays the local authority a further sum which may be prescribed by the State Authority, for relocation purposes.
(4) Any person who fails to comply with the requirements of the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two hundred and fifty ringgit for every day that the offence is continued after expiry of the period specified in the notice.
(5) Where the owner fails to comply with the requirements of the notice, the local authority may do any or all of the acts required by the notice and notwithstanding the owner's liability to pay any fine under subsection (4), the owner shall pay such sums to the local authority as may be required under subsection (3) and shall be deemed to have indemnified the local authority in carrying out the terms of the notice as if he had requested the local authority to do so.
Street, Drainage and Building 81
Notice before demolition
(6) Where the building is to be demolished by the local authority, it shall give at least thirty days notice to the occupants of the building requiring them to vacate the building and the local authority may after the lapse of the period enter the building and remove any person or movable property found therein.
(7) Any movable property removed pursuant to subsection (6) may be taken to a suitable place and there to remain at the risk of the owner and may within a period of one month from the date of the removal be claimed by any person who furnishes evidence to the satisfaction of the local authority that he is the owner and if there be no claim shall be disposed of in the manner specified in section 116.
(8) A certificate by the local authority stating the sum required to be paid by the owner under subsection (2) and (5) shall be conclusive proof of the sums due and shall not be subject to any appeal or review in any court.
Penalty for letting out and sale of unauthorized building
73. (1) Any person who is not the owner of the premises and who sells or enters into an agreement to sell a building which has been erected or is in the course of erection in contravention of section 70 shall be guilty of an offence under this Act and shall on conviction be liable to imprisonment for a term which shall not exceed two years or to a fine not exceeding ten thousand ringgit or to both. (2) Any person who erects or causes to be erected any building in contravention of section 70 shall, if such building is subsequently sold or agreed to be sold, be guilty of an offence under this Act and shall on conviction be liable to imprisonment for a term which shall not exceed two years and shall also be liable to a fine not exceeding ten thousand ringgit.
(3) Any person who lets or enters into an agreement to let an unauthorized building for rent or any other consideration shall be guilty of an offence under this Act and shall be liable on conviction to a fine which shall not exceed one thousand ringgit. 82 Laws of Malaysia ACT 133
(4) The court before which a person is convicted for an offence under subsection (1) or (2) may also order such person to refund the purchase money for the building to the purchaser together with such compensation as the court deems fit.
Modification or waiver of by-laws
74. (1) The local authority may on receipt of an application in relation to any particular building or structure, and provided it is satisfied that such waiver or modification as hereinafter mentioned will not render the building or structure unsafe, modify or waive, upon and subject to such terms and conditions as it thinks fit, any of the requirements of any by-laws relating to the construction of buildings.
(2) Any such application shall be made in writing to the local authority by or on behalf of the owner of the particular building or structure or of the particular part of such building or structure to which such application relates and shall state the nature and extent of and reasons for the proposed modification or waiver of such requirement and shall be accompanied by such plans, sections elevations and particulars as may be required.
Rights of owners of adjoining premises
(3) If it appears to the local authority on receipt of any such application that the owner of any adjoining premises should be consulted the local authority shall serve upon such owner notice of the application informing him to make representations to the local authority within a specified period.
(4) The local authority shall take into consideration the representations of any owners of adjoining premises and where the local authority decides to allow modification or waiver against the representations of any such owner, it shall submit its decision to the State Authority.
(5) Unless the decision of the local authority is reversed or modified by the State Authority within thirty days of its submission, the decision of the local authority shall be deemed to be confirmed. Street, Drainage and Building 83
Land to be set apart for back-lane
75. (1) The local authority shall not approve any plan submitted pursuant to section 70 relating to a building unless-- (a) a back-lane if required by the local authority of such width not exceeding forty feet as may at the discretion of the local authority be required, is shown on the plan, or vacant land is shown on the plan to be set apart or acquired for a back-lane of such width as aforesaid, and the person submitting the plan reimburses the local authority for any moneys at any time paid for the acquisition by any means of the portion of such back-lane or such vacant land to the centre thereof which abuts on the holding in respect of which the plan is submitted to the extent to which it so abuts; or
(b) the person submitting the plan sets apart a vacant strip of his land sufficient, with or without other land previously so set apart or acquired, to form a back-lane or part of a back-lane of such width not exceeding forty feet as is required by the local authority:
Provided that where the person submitting the plan sets apart a vacant strip of his land sufficient to form not less than one-half the width of that part of the back-lane which abuts on his land, the local authority may in its discretion in a particular case approve such plan.
Situation of back-lane
(2) The back lane shall, where the local authority so requires, be situated so as to conform with such line as is laid down therefor by the local authority and so as to communicate at each end thereof with the land set apart or to be set apart for a back-lane by, or acquired or to be acquired from, the owners of the properties on each side thereof, and when completed the same shall, wherever possible, open upon public streets at both ends, and shall in all cases be free from obstruction throughout.
Non-approval of plan where building site does not abut on land available for a back-lane
(3) Where upon the submission of a plan relating to a building for the approval of the local authority it appears that the site thereof does not abut upon any land so situate as to be capable of 84 Laws of Malaysia ACT 133
being set apart for a back-lane in conformity with the line laid down therefor by the local authority, the local authority may refuse to approve the plan until the land situate between the site of the building and the line of the back-lane or intended back-lane immediately opposite such site has been added to the holding in respect whereof the plan has been submitted and the portion of the intended back-lane which abuts on such site so added to has been set apart or acquired for a back-lane and the person submitting the plan has reimbursed the local authority in the manner and to the extent provided in paragraph (1)(a) and the other provisions of that subsection have been complied with.
Acquisition of land between building site and line of back-lane (4) Where in any such case as is referred to in subsection (3) the person submitting the plan requests the local authority in writing to have the land situate between the site of the building and the line of the back-lane or intended back-lane immediately opposite such site and, if requisite, that portion of the intended back-lane which abuts on such site when added to in the manner described in subsection (3) acquired, the local authority shall request the State Authority to acquire such land and such portion of the intended back-lane for the purpose of the same respectively being added to the holding in respect whereof the plan has been submitted and forming part of the back-lane and shall notify the owner accordingly. (5) For the purpose of subsection (4), in relation to the Federal Territory reference to the State Authority shall be construed as reference to the Government of the Federation.
Prohibition of building on insanitary ground
76. (1) No new building shall be erected on any ground which has been filled up with any matter impregnated with faecal, animal or vegetable matter or upon which any such matter has been deposited unless and until such matter has been properly removed by excavation or otherwise or has been rendered or become innocuous. Penalty
(2) Any person who does, causes or wilfully permits any act in contravention of this section shall be liable on conviction to a fine not exceeding five hundred ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day during which the offence is continued after conviction.
Street, Drainage and Building 85
Buildings over public sewers, private connection pipe, etc., not to be erected without consent of local authority
*77. No building shall be erected over any public sewer, private connection pipe, public surface or storm water drain, culvert, water course, river or stream or any water main, electric cable or wire without the prior written permission of the local authority or the controlling statutory authority concerned as the case may be. Removal of roofs and walls made of combustible materials
78. (1) Any person who, being the owner of any building which external roof is or walls are made of grass, leaves, mats, attaps or other combustible materials and which is less than twenty-five feet from any other building separately occupied or from any street, does not remove such roof or walls, as the case may be, within ninety days after a notice to do so has been served on him, shall be liable on conviction to a fine not exceeding one hundred ringgit for every day during which such default continues after service of notice.
Renewal or repairing with combustible materials
(2) Any person who after service of such notice issued under subsection (1) makes, renews or repairs any building with any combustible materials as are mentioned in subsection (1) or causes any such building to be so made, renewed or repaired shall be liable on conviction to a fine not exceeding five hundred ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day he suffers or allows the same to remain after conviction, and a Magistrate's Court shall, on the application of the local authority, make a mandatory order requiring the building to be pulled down.
Erection of compartments, galleries, lofts, etc., in buildings
79. (1) No person shall erect or cause or permit to be erected in any building any partition, compartment, gallery, loft, roof, ceiling or other structure without having the prior written permission of the local authority.
*NOTE--See section 17 of the Street, Drainage and Building (Amendment) Act 1993 [Act A867]. 86 Laws of Malaysia ACT 133
(2) In every such case the owner shall be presumed until proved to the contrary to have commenced or carried out such erection. Local authority may remove
(3) The local authority, its agents or servants may enter any such building and remove any partition, compartment, gallery, loft, roof, ceiling or other structure which has been erected without the prior written permission of the local authority in which event the person in default or if the person in default is unknown or untraceable or even if traceable is unable to pay the expenses incurred, the owner shall pay to the local authority the costs and expenses of--
(i) demolishing such structure;
(ii) removal of the movable property found in the building at a rate which may be prescribed by the local authority for every trip made by wagon or transporting vehicle for the purpose of the removal and storage;
(iii) storing the movable property at a rate which may be prescribed by the local authority if it is not claimed on the day the movable property is removed;
(iv) any other activities incidental to or arising out of paragraphs (i), (ii) and (iii),
and shall be deemed to have indemnified the local authority against any claim, damage, loss, action or proceeding that may be brought against the local authority including any cost and expenses arising out of and incidental to paragraphs (i), (ii), (iii) and (iv). (4) Without prejudice to subsection (3) any person who contravenes subsection (1) shall be liable on conviction to a fine not exceeding five hundred ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day during which the offence is continued after conviction.
Movable shed not to be erected without permission
80. Any person who erects or causes or permits to be erected, keeps or permits to be kept on his land or the land which he occupies any movable shed or movable structure intended to act as a roof without the prior written permission of the local authority shall be guilty of an offence and shall on conviction be liable to a fine of one thousand ringgit and the Magistrate's Court shall on application of the local authority, make a mandatory order requiring such person to remove such movable shed or structure. Street, Drainage and Building 87
Local authority may cause drains to be made for premises which are not properly drained
*81. (1) If any premises is at any time not drained of waters other than sewage to the satisfaction of the local authority by a sufficient drain or pipe communicating with some drain or some other place at which the local authority is empowered to drain waters other than sewage, and if there are such means of drainage within one hundred feet of the boundary of such premises, the local authority may give a notice in writing requiring the owner thereof to construct or lay for such premises a drain or pipe of such materials, of such size, at such level and with such fall as it may specify for the draining of such premises.
(2) If the owner fails to comply with such notice within thirty days from the date thereof, a Magistrate's Court shall, on the application of the local authority, make a mandatory order requiring the owner to construct or lay such drain or pipe, or the local authority may carry out such works and the expenses incurred by the local authority in respect thereof if not forthwith paid by the owner, shall be recoverable in the manner hereinafter provided. Hoardings to be set up during building operations
82. (1) No person intending to build or take down any building or to alter or repair the outward part of any building, shall do so without the prior written permission of the local authority and without causing sufficient hoardings or fences to be put up in order to separate the building where such works are being carried on from any street or footway.
(2) Where permission has been granted to any person to do any of the works stated in subsection (1), such person shall-- (a) maintain such hoardings or fences as are required in subsection (1) in good condition and to the satisfaction of the local authority;
(b) cause such hoardings or fences to be well lighted at night; and
(c) remove such hoardings or fences or any scaffolding used in such works within such time as may be specified by the local authority.
*NOTE--See section 17 of the Street, Drainage and Building (Amendment) Act 1993 [Act A867]. 88 Laws of Malaysia ACT 133
Penalty
(3) Any such person who contravenes subsections (1) and (2) shall be liable on conviction to a fine not exceeding two thousand ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day during which the offence is continued after a notice requiring him to comply with any of the provisions in subsection (1) or (2) has been served on him.
Proviso
(4) Where the local authority considers the use of a hoarding unnecessary or impracticable, it may give written permission that such building, taking down, alteration or repairs may be done without the erection of a hoarding or fence.
Powers as regards building in ruinous and dangerous state
83. (1) If after conducting such inquiry as it thinks fit, the local authority is satisfied that any building or anything affixed thereon is in a ruinous state, likely to fall or is in any way dangerous to any person therein or foot passengers on the streets adjoining such building, the local authority shall serve notice on the owner of such building requiring him to either repair the defects or demolish the building or anything affixed thereon within such period of time as the local authority may specify and the local authority may also require such owner to put up such hoardings or fences of such specifications and within such period of time as it may specify. (2) Notwithstanding any notice under subsection (1), if the local authority is satisfied that it is dangerous for any person to remain or reside inside such building, it may by notice require every occupier of and every lodger in such building to vacate the building within such period of time as it may specify.
(3) If upon service of the notice the owner desires to repair, he shall not proceed to do so unless he has obtained planning approval to do so from the relevant authority in charge of town and country planning in the area where his building is situate. (4) Where planning approval has been granted, the owner shall not proceed to repair unless he has submitted such plans and specifications showing the intended repairs and until such plans and specifications have been approved by the local authority. Street, Drainage and Building 89
(5) Where the owner fails to put up hoardings or fences within the period of time specified in the notice or fails to put up hoardings or fences in accordance with the specifications of the local authority, the local authority may enter upon such premises where the building is situate and put up such hoardings or fences.
(6) Where the owner is unable to demolish such building within the time specified in the notice, the owner may request the local authority to carry out the requirements of the notice. (7) No request by the owner made under subsection (6) shall absolve the owner from his liability under this section unless he makes the request within the time specified for him to demolish such building and unless within the same period of time he-- (a) deposits with the local authority such sum which the local authority thinks is sufficient to cover the costs and expenses of--
(i) demolishing such building;
(ii) removal of any movable property found in such building;
(iii) storage of such movable property; and
(iv) any other activities incidental to or arising out of subparagraphs (i), (ii) and (iii);
(b) indemnifies and keeps indemnified the local authority against any claim, damage, loss, action or proceedings that may be brought against the local authority arising out of and incidental to subparagraphs (i), (ii), (iii) and (iv); and
(c) notwithstanding any sum paid under paragraph (a), pays the local authority a further sum which may be prescribed by the State Authority for relocation purposes.
(8) Any person who fails to comply with any of the requirements of the notice under subsection (1) or (2) shall be liable on conviction to a fine not exceeding two hundred and fifty ringgit for every day that the offence is continued after the expiry of the period specified in the notice.
(9) Where the owner fails to comply with the requirements of the notice, the local authority may do any or all of the acts required by the notice and notwithstanding the owner's liability to pay any 90 Laws of Malaysia ACT 133
fine under subsection (8), the owner shall pay such sums to the local authority as may be required under subsection (7) and shall be deemed to have indemnified the local authority in carrying out the terms of the notice as if he had requested the local authority to do so.
(10) A certificate by the local authority stating the sum required to be paid by the owner under subsections (5) and (9) shall be conclusive proof of the sums due and shall not be subject to any appeal or review in any court.
Power to shut up and secure deserted buildings
84. (1) If any building or land, by reason of abandonment or disputed ownership or other cause, remains untenanted and thereby becomes liable to be a resort of idle and disorderly persons or otherwise becomes a public nuisance and is complained of by any two or more of the neighbours or by a police officer not below the rank of Assistant Superintendent or by the Health Officer, the local authority, after due inquiry may cause notice in writing to be given to the owner or the person claiming to be the owner, if he is known and resident in Malaysia, or, if he is not known or so resident, may cause such notice to be put on the door of the building or some conspicuous part of the premises, requiring the persons concerned therewith, wherever they may be, to secure and enclose the same or to abate the nuisance within such period of time as it may specify.
(2) Any person who fails to comply with the requirements of the notice shall be liable on conviction to a fine not exceeding two hundred and fifty ringgit for every day that the offence is continued after the expiry of the period specified in the notice. (3) Where the owner fails to comply with the requirements of the notice the local authority may do any or all of the acts required by the notice and the cost and expense of doing such work shall be recoverable by the local authority from the owner. Building to which public have access to be clean
85. (1) The owner or the occupier of any building or any part thereof to which the public has access shall--
(a) regularly clean and keep clean and in good repair such building or part thereof; and
Street, Drainage and Building 91
(b) keep such building or part thereof free of any condition which may endanger the life or health of his employees, members of the public and other users thereof.
(2) Where, in the opinion of the local authority, the owner or the occupier of any such building or part thereof fails to comply with paragraph (1)(a) or (b), the local authority may, by notice in writing, require such owner or occupier within such period as may be specified therein to take such steps as the local authority deems fit.
(3) Any person who contravenes subsection (1) or refuses, neglects or fails to comply within such period as may be specified in any notice issued by the local authority under subsection (2), shall be liable on conviction to a fine not exceeding *two thousand ringgit and shall also be liable to a further fine not exceeding two hundred ringgit for every day during which the offence is continued after expiry of the period specified in the notice.
(4) Where any person who has been served with a notice under subsection (2) fails to comply therewith, the local authority may in its discretion, and without prejudice to any proceedings under subsection (3) and whether before or after the commencement or conclusion of such proceedings, carry out all or any of the requirements set out in such notice and recover from such person the cost and expenses thereof.
(5) The local authority may certify such cost and expenses incurred and the certificate of the local authority shall be conclusive proof of the sum due and shall not be subject to any appeal or review in any court.
Periodical inspection of buildings
85A. (1) In this section--
"engineer" means a professional engineer registered under the Registration of Engineers Act 1967 [Act 138];
"owner" means owner of a building and in relation to a subdivided building includes owners of parcels of the building. (2) This section shall apply only to a building exceeding five storeys and any storey of a building which is or at a level lower than the ground storey shall be deemed to be a storey. *NOTE--Previously "one thousand ringgit" and "one hundred ringgit"see Street, Drainage and Building (Amendment) Act 1994 [Act A903].
92 Laws of Malaysia ACT 133
(3) The local authority may, without prejudice to its powers under section 83, by a notice in writing served on the owner of a building, require the building to be inspected-- (a) after the tenth year commencing from the date the first certificate of fitness for occupation in respect of the building was issued; and
(b) thereafter at intervals of not more than ten years from the date of the completion of the last inspection of the building under this section.
(4) The owner of a building shall, upon receipt of a notice under subsection (3), cause the building to be inspected within the time specified in the notice by an engineer to be appointed by him. (5) If the notice under subsection (3) is not complied with the local authority may inspect the building or cause the building to be inspected by an engineer appointed by it and recover all expenses reasonably incurred by it in doing so from the owner of the building. (6) An engineer carrying out an inspection under this section shall inspect the building in the manner prescribed in the by-laws which shall take into consideration the following: (a) a visual inspection of the building, including a visual survey of the condition of the building and its structural elements and any addition or alteration to the building and its structural elements;
(b) the preparation and submission to the local authority of a report of the result of the visual inspection;
(c) if, after having considered the results of the visual inspection, the engineer reasonably suspects or is of the opinion that there is a defect, deformation or deterioration in the building or its structural elements as will or will likely endanger or reduce the structural stability or integrity of any part of the building he shall request for permission from the local authority to carry out a full structural investigation on the building including investigation in respect of its structural elements;
Street, Drainage and Building 93
(d) if the local authority allows the request made under paragraph (c) the engineer shall carry out a full structural investigation which shall include the following:
(i) taking all reasonable steps in obtaining information relating to the design, erection, maintenance and history of the building;
(ii) checking with reasonable diligence the structural plans of the building together with its structural calculations, or if the plans or calculations are not available to reconstruct such plans and calculations where the local authority so requires, with a view to determine any inadequacy in the structural elements of the building;
(iii) carrying out tests on the structural elements of the building without damaging any part thereof;
(iv) carrying out tests on the building materials; and (v) carrying out load testing of such parts of the building as the engineer considers necessary; and
(e) the engineer shall thereafter prepare and submit to the local authority a report of the full structural investigation and his recommendations.
(7) An engineer carrying out an inspection or a full structural investigation on a building shall be entitled at all reasonable times to full and free access to the building and any part thereof he is required to inspect or investigate and any person who hinders, obstructs or delays him in the performance of his duty shall be guilty of an offence.
(8) Without prejudice to the right of the local authority to exercise its powers and recover expenses under this section, any owner of a building who contravenes or fails to comply with a notice under subsection (3) shall be guilty of an offence.
(9) The State Authority may by order, in the Gazette, provide for the application of this section with such adaptations or modifications as may be specified therein to buildings in respect of which no certificate of fitness for occupation has been issued by the local authority.
94 Laws of Malaysia ACT 133
(10) The local authority may, if it is satisfied after evaluating the visual inspection report submitted under paragraph (6)(b) or the full structural investigation report and recommendations of the engineer submitted under paragraph (6)(e),--
(a) accept it in full;
(b) reject it;
(c) accept part of it; or
(d) obtain a second opinion on it.
(11) The local authority may thereafter--
(a) issue an order to the owner of the building to take the necessary measures to rectify or remedy any defect, deformation or deterioration as recommended by the engineer within such period as the local authority may specify; or
(b) in place of an inquiry under section 83, issue an order to the owner of the building for closure and demolition of the building.
(12) Before exercising its powers under subsection (11), the local authority shall, if it is reasonably practicable to do so, serve a copy of the order made thereunder to every occupier of the building.
(13) Any person who fails to comply with an order given under subsection (11) shall be liable on conviction to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both and shall also be liable to a further fine not exceeding five hundred ringgit for every day during which the offence is continued after conviction.
(14) Notwithstanding subsection (13), where the owner of a building fails to comply with an order issued under subsection (11), the local authority may take any measure as specified in the said order or secure the closure and demolition of the building and recover from the owner expenses reasonably incurred by it in relation thereto.
Street, Drainage and Building 95
Nuisances liable to be dealt with summarily under this Act
86. For the purposes of sections 87, 88, 89 and 90-- (a) any premises or part thereof of such a construction or in such a state as to be a nuisance or injurious or dangerous to health;
(b) any pool, gutter, water-course, cistern, water-closet, water sealed latrine, privy, urinal, septic tank, sewer or drain so foul or in such a state or so situate as to be a nuisance or injurious or dangerous to health;
(c) any building which--
(i) is not kept in a clean state and free from effluvia arising from any sewer, drain, privy, water sealed latrine, septic tank, urinal or other nuisance; or (ii) is not ventilated in such a manner as to render harmless as far as practicable any gases, vapours, dust or other impurities generated in the course of the work carried on therein that are a nuisance or injurious or dangerous to health;
(d) any huts or sheds, whether used as dwellings or as stables or for any other purpose, which are by reason of the manner in which the huts or sheds are crowded together or the want of drainage or the impracticability of scavenging or for any other reason a nuisance or injurious or dangerous to health;
(e) any brickfield, sandpit or any other kind of excavation which is injurious to health or offensive to the
neighbourhood or used for any purpose likely to be injurious to health;
shall be a nuisance liable to be dealt with summarily in accordance with sections 87,88,89 and 90.
Notice requiring abatement of nuisance
87. (1) On receipt of any information respecting the existence of a nuisance liable to be dealt with summarily under this Act, the local authority shall, if satisfied of the existence of a nuisance, serve a notice on the person by whose act, default or sufferance the nuisance arises or continues or, if such person cannot be found, 96 Laws of Malaysia ACT 133
on the occupier or owner of the premises on which the nuisance arises, requiring him to abate the same within the time specified in the notice to execute such works and do such things as are necessary for that purpose and, if the local authority thinks it desirable, specifying any works to be executed.
Power to require works to be executed
(2) The local authority may also by the same or another notice served on such occupier, owner or person require him to do what is necessary for preventing the recurrence of the nuisance and, if the local authority thinks it desirable, specify any works to be executed for that purpose, and may serve that notice notwithstanding that the nuisance had for the time being abated if the local authority considers that it is likely to recur on the same premises. (3) Where the nuisance arises from any want or defect of a structural character or where the premises are unoccupied, the notice shall be served on the owner.
(4) Where the person causing the nuisance cannot be found and it is clear that the nuisance does not arise or continue by the act, default or sufferance of the occupier or owner of the premises, the local authority may cause the same to be abated and may do what is necessary to prevent the recurrence thereof.
(5) Where a notice has been served on a person under this section and either--
(a) the nuisance arose from the wilful act or default of the said person; or
(b) such person makes default in complying with any of the requirements of the notice within the time specified; he shall be liable on conviction to a fine not exceeding five hundred ringgit for each offence whether any such nuisance order as in this Act mentioned is or is not made upon him.
On non-compliance with notice, nuisance order to be made
88. (1) If either-- (a) the person on whom notice to abate a nuisance has been served as aforesaid makes default in complying with any of the requisitions thereof within the time specified; or Street, Drainage and Building 97
(b) the nuisance, although abated since the service of the notice, is in the opinion of the local authority likely to recur on the same premises,
on complaint by the local authority a Magistrate's Court hearing the complaint may make on such person a summary order, in this Act referred to as a "nuisance order".
Nuisance order
(2) A nuisance order may be an abatement order or a prohibition order or a closing order or a combination of such orders. Abatement order
(3) An abatement order may require a person to comply with all or any of the requisitions of the notice, or otherwise to abate the nuisance within a time specified in the order. Prohibition order
(4) A prohibition order may prohibit the recurrence of a nuisance. When to specify works to be executed
(5) An abatement order or prohibition order shall, if the person on whom the order is made so requires or the court considers it desirable, specify the works to be executed by such person for the purpose of abating or preventing the recurrence of the nuisance. Closing order
(6) A closing order may prohibit a dwelling house from being used for human habitation.
When to be made
(7) A closing order shall only be made where it is proved to the satisfaction of the court that by reason of a nuisance a dwelling house is unfit for human habitation, and, if such proof is given, the court shall make a closing order and may impose a fine not exceeding one thousand ringgit:
Provided that a closing order shall not be made unless a notice of the hearing of the complaint on which it is to be made has been posted on the premises in a conspicuous position with an intimation in such notice that any occupant of the premises may show cause against the making of such order.
98 Laws of Malaysia ACT 133
Cancelling closing order
(8) A court, when satisfied that the dwelling house has been rendered fit for human habitation, may declare that it is so satisfied and cancel the closing order.
Penalty for not complying with order
(9) Any person who fails to comply with the provisions of a nuisance order with respect to the abatement of a nuisance shall, unless he satisfies the court that he has used all due diligence to carry out such order, be liable on conviction to a fine not exceeding one hundred ringgit a day during his default.
(10) Any person who knowingly and wilfully acts contrary to a prohibition order or closing order shall be liable on conviction to a fine not exceeding one hundred ringgit a day during such contrary action.
(11) In either of the cases mentioned in subsections (9) and (10), the local authority or any person authorised by the local authority in writing in that behalf may enter the premises to which a nuisance order relates and abate or remove the nuisance and do whatever is necessary in the execution of such order and the expenses thereby incurred shall be paid by the person in default. (12) In case of nuisances caused by the act or default of the owner of premises, such expenses together with any costs and expenses which the court orders such owner to pay shall be deemed to be expenses to which section 104 applies and shall be recoverable under the provisions of that section.
(13) A court making any order under this section may require any person on whom any order is made to pay all costs and expenses incurred in obtaining the order.
Ejectment after closing order
(14) Where a closing order has been made with respect to any dwelling house, the local authority shall serve notice of the order on every occupier of the dwelling-house and within such period as is specified in the notice not being less than seven days (except in case of immediate danger) after the service of the notice the order shall be obeyed by him and he and his family shall cease Street, Drainage and Building 99
to inhabit the dwelling house, and in default he shall be liable on conviction to a fine not exceeding one hundred ringgit a day during his disobedience to the order, and the court shall, upon application by the local authority, make a summary order for his ejectment and the same may be carried into effect by any police officer or officer or employees of the local authority authorised in writing by the local authority:
Expenses of removal
Provided that the owner shall make to every tenant whose tenancy has not been lawfully determined such reasonable allowance, if any, on account of his expenses in removing as a court may allow or order, and such allowance shall be recoverable in a summary way before a Magistrate's Court.
Order for demolition of house unfit for habitation
89. (1) Where a closing order has been made in respect of any dwelling house and has not been cancelled by a subsequent order, the local authority, if of the opinion that--
(a) the dwelling house has not been rendered fit for human habitation;
(b) the necessary steps are not being taken with all due diligence to render it so fit; or
(c) the continuance of any building being or being part of the dwelling house is dangerous or injurious to the health of the public or of the inhabitants of the neighbouring dwelling houses,
may make a complaint to a Magistrate's Court, and such court after hearing the complaint may make on the owner a summary order for the demolition of such dwelling house within a time specified in such order.
(2) The order may also contain a direction that the materials of the building or any part of such materials shall be destroyed. 100 Laws of Malaysia ACT 133
Execution of Order for demolition
90. (1) Where an order for the demolition of a building has been made, the owner thereof shall, within the time mentioned in such order, take down and remove the building and, if the order for demolition so directs and to the extent therein mentioned, destroy the materials thereof.
(2) If the owner fails to comply with the order, the local authority or any person authorized by the local authority in writing in that behalf shall proceed to take down and remove the building and, if necessary, destroy the materials, and may recover the costs of such work from the owner.
(3) The provisions of section 104 shall apply to any sum recoverable from the owners under this section.
PART VI
MISCELLANEOUS
Mandatory order
91. (1) Whenever any owner or occupier is required under this Act to erect or remove any building or thing or to perform any other work to which the provisions of this Act apply, and such owner or occupier after due notice fails to erect or remove such building or thing or to perform such work within the specified time, the local authority may make a complaint and the Magistrate's Court upon hearing the complaint shall make on such owner or occupier a summary order, in this Act referred to as a "mandatory order" requiring such owner or occupier to execute the required work.
Terms of mandatory order
(2) A mandatory order shall require the person to whom it is directed to execute any work which the court is authorized to require to be executed within a time to be specified in such order and shall also require such person to pay to the local authority a sum for costs and expenses incurred in obtaining such mandatory order.
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