STREET, DRAINAGE AND BUILDING ACT 1974
ACT 133
 

PART V - BUILDINGS
70. Notice of new buildings.
70A. Earthworks.
70B. Order to review safety and stability in the course of erection of building.
70C. Revocation of approval of any plan, specification and permission.
70D. Inspection of erection of building at any stage and taking of sample for analysis.
71. Penalty for failure of building or earthworks.
72. Demolition or removal of unauthorised building.
73. Penalty for letting out and sale of unauthorised building.
74. Modification or waiver of by-laws.
75. Land to be set apart for back-lane.
76. Prohibition of building on insanitary ground.
77. Buildings over public sewers, etc., not to be erected without consent of local authority.
78. Removal of roofs and walls made of combustible materials.
79. Erection of compartments, galleries, lofts, etc., in buildings.
80. Movable shed not to be erected without permission.
81. Local authority may cause drains to be made for premises which are not properly drained.
82. Hoardings to be set up during building operations.
83. Powers as regards buildings in ruinous and dangerous state.
84. Power to shut up and secure deserted buildings.
85.  Building to which public has access.
85A. Periodical inspection of buildings.
86. Nuisances liable to be dealt with summarily under this Act.
87. Notice requiring abatement of nuisance.
88. On non-compliance with notice, nuisance order to be made.
89. Order for demolition of house unfit for habitation.
90. Execution of order for demolition.

STREET, DRAINAGE AND BUILDING ACT 1974
ACT 133

PART V
BUILDINGS

(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 cause to be submitted by a principal submitting person or submitting person-

(a) to the local authority such plans and specifications as may be required by any by-law made under this Act; and

(b) to the relevant statutory authority such plans and specifications as may be required by any other written law.

(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 section 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.

(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;

(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.

(8) If the local authority directs the principal submitting person 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.

(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 (a) of subsection (9), "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 twenty-five thousand ringgit and a Magistrate's Court shall, on the application of the local authority, issue a mandatory order to alter the building in any way 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 twenty-five thousand ringgit and shall also be liable to a further fine not exceeding five 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.

(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 fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both and shall also be liable to a further fine of one thousand 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 by the principal submitting person or submitting person 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 authorised 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.

(a) begins work on the site thereof for or in respect of a new building;

(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 superstructure 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 paragraph (b) (ii), (f), (g) or (h) of this subsection shall not be deemed to erect a building.

(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), as the case may be, approve, disapprove or make written requisition with regard thereto, the principal submitting person or submitting person 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 principal submitting person or submitting person and signed by the owner or his authorised agent and the principal submitting person or submitting person.

(20) No certificate of completion and compliance shall be issued except by a principal submitting person in accordance with the time, manner and procedure for the issuance thereof as prescribed by this Act or any by-laws made thereunder.

(21) Before the issuance of a certificate of completion and compliance, it shall be the duties and responsibilities of the principal submitting person to-

(a) supervise the erection of the building to ensure that the erection is in conformity with the approved plans and the requirements of the provisions of this Act or any by-laws made thereunder;

(b) ensure that the building has been duly constructed and completed in conformity with the approved plans and the requirements of this Act or any by-laws made thereunder and that all technical conditions imposed by the local authority has been duly complied with;

and

(c) ensure that the building is safe and fit for occupation.

(22) Nothing contained in this Act shall affect the powers conferred on the local authority by this Act or any by-laws made thereunder pertaining to the erection and construction of a building for the purpose of ensuring that the erection and construction of such building are in conformity with the approved plans and the provisions of this Act or any by-law made thereunder.

(23) If it appears to the local authority that a noncompliance with the approved plans and provisions of this Act or any by-laws made thereunder by the principal submitting person has occurred in the erection and construction of the building, the local authority may issue to the principal submitting person-

(a) a notice in writing, requiring compliance within the period specified in the notice, as the local authority thinks fit, in order that the noncompliance be rectified; and

(b) a directive in writing to withhold the issuance of the certificate of completion and compliance until such non-compliance has been rectified.

(24) If the direction referred to in paragraph (23)(b) is not complied with by the principal submitting person, the local authority may itself cause any work to be executed or any measure to be taken if it considers such work or measure is necessary to rectify the noncompliance.

(25) The cost for executing such work or taking such measure as referred to in subsection (24) shall be borne by the owner of the building.

(26) The amount of the costs 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.

(27) Any person who-

(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 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 any provision of 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 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 every day 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) The provisions of 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.

(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.

(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 submitting persons 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.

(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.

(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 submitting persons 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 subsection (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.

(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 stabilisation 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 matter 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) subsection (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

(b) in the case of non-compliance with any directions given under subsection (8),

(a) the cessation of the erection of building -

(i) has been ordered under subsection (6), (7) (a) or (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

(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.

(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.

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,

(aa) such misconstruction or such lack of proper supervision;

(bb) such misdesign or miscalculation; or

(cc) such misuse,

(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.

(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.

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.

(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 such imprisonment and fine.

(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 unauthorised 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.

(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.

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 representation 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.

(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 owner reimburses the local authority for any moneys at any time paid for the acquisition by any means for 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 owner sets apart a vacant strip of his land sufficient, with or without other land previously so set apart or acquired, to form a backlane or part of a back-lane of such width not exceeding forty feet as is required by the local authority:

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 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 owner has reimbursed the local authority in the manner and to the extent provided in subsection (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 owner 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.

(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.

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.

(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.

(3) The local authority, its agents or servants may enter any such building and remove any partition, compartment, gallery, loft, 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.

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.

(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.

(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.

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.

(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.

(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 requirement 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 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.

(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.

(a) regularly clean and keep clean and in good repair such building or part thereof; and

(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 subsection (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.

"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.

(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 certificate of completion and compliance 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;

(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 completion and compliance has been issued.

(10) The local authority may, if it is satisfied after evaluating the visual inspection report submitted under subsection (6) (b) or the full structural investigation report and recommendations of the engineer submitted under subsection (6) (e), as the case may be -

(a) accept it in full;

(b) reject it;

(c) accept part of it; or

(d) obtain a second opinion on it.

(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.

(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 brick-field, 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;

(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, 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 and 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.

(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

(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 abetment 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.

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 dwellinghouse 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.

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 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 dwellinghouse, 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 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:

(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.

(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 authorised 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.

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