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Street, Drainage and Building Act 1974- Part 1

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133

Incorporating all amendments up to 30 September 2011

Date of Royal Assent ... ... ... ... ...

5 June 1974

Date of publication in theGazette ... ... ...

13 June 1974

Date of coming into operation ... ...

See Appendix

ACT 133 
STREET, DRAINAGE AND BUILDING ACT 1974 

Part I PRELIMINARY

SECTION

1.Short title, application and commencement

2.Savings

3.Interpretation

Part II STREETS

SECTION

4.Maintenance and repair of public streets

5.Power to make and improve streets

6.Power to take land adjoining new streets for building purposes

7.Power to acquire to be in accordance with law relating to compulsory acquisition

8.Local authority may recover cost of new street or of widening, opening, etc., of public street

9.Private persons making new streets

10.Approval of plans to expire

11.Paving, etc., of private streets

12.Declaration of public streets

13.Private streets may be declared public streets

14.Widening of private streets

15.Repair of private streets

16.Notice on person causing private street to be in a dangerous or defective condition

17.Payments to be made before erection of buildings in respect of street works

18.Determination of the amount to be deposited and the date of completion

19.Local authority may execute and cause to be properly carried out street works

20.Refund of deposit when street works have been completed

21.Refund of deposit when building operations are not commenced

22.Preparation of scheme for building

23.Regular line of street may be prescribed

24.Local authority in certain cases may take possession of land within the regular line of street

25.Provision of footways, etc.

26.Local authority may put up lamp-posts and lamps

27.Situation of water-pipes, etc., to be altered at the expense of the local authority

28.Where road is injured by excavation local authority may repair and recover expenses

29.Names of streets

30.Designation of fire-hydrants

31.Numbers on houses

32.Doors not to open outwards

33.Projections from houses not to be allowed

34.Projecting verandahs, etc., may be made in streets not less than 40 feet wide

35.Sky-signs

36.Hedges and trees bordering streets to be trimmed

37.Prevention of grass fires

38.Trees not to be planted within twelve feet of street

39.Taking up pavement

40.Prohibition of laying rails, mains, pipes, etc., along streets

41.Precautions against accident. Bars to be erected across streets during repairs and lights placed at night

42.Materials not to be deposited without permission

43.Dangerous places to be repaired or enclosed

44.Duty of owner or occupier to keep street clean

45.Watering streets

46.Obstruction

47.Depositing dirt on streets, etc.

48.Interpretation, sections 46 and 47

Part III DRAINS

SECTION

49.Omitted or Deleted Section

50.Local authority to construct and maintain drains and water-courses

51.Local authority may recover cost of improving and making drains, etc

52.Prohibition against building unless provision made for drains, etc., and compliance with any notice or order

53.Local authority to repair and alter and may discontinue surface and storm water drains, etc.

54.Cleansing and emptying surface and storm water drains, etc.

55.Penalty for making unauthorized drains into canal or stream

56.Rain-water pipes not to be used as soil-pipes

57.Water pipes, etc., not to be used as ventilating shafts

58.Interpretation

59.Local authority may require removal or alteration of urinals

60.Omitted or Deleted Section

61.Ventilating pipes to sewers

62.Omitted or Deleted Section

Part IV BACK-LANES

SECTION

65.Local authority may acquire land for part of back-lane

66.State Authority may order back-lanes to be laid out

67.Local authority may recover cost of acquisition for and laying out or construction of back-lanes

68.Declaration of back-lane as public street

69.General provisions as to back-lanes

Part V BUILDINGS

SECTION

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 unauthorized building

73.Penalty for letting out and sale of unauthorized 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 building in ruinous and dangerous state

84.Power to shut up and secure deserted buildings

85.Building to which public have access to be clean

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

Part VI MISCELLANEOUS

SECTION

91.Mandatory order

92.Provision as to appeal against order

93.Proceedings where owner is unknown

94.In case of urgency order may be made ex parte

95.Protection of the State Authority and officers from personal liability

96.Indemnity by local authority

97.Power to enter upon lands for the purposes of this Act

98.Power of any authority to enter on lands adjacent to works

99.Any local authority in executing works to provide alternative roads, etc., where existing ones are interrupted, etc.

100.Penalty for obstructing any authority in its duty

101.Compensation, damages and costs to be determined by court

102.Where occupier defaults owner may execute work

103.Exemption of agent who has no funds in hand

104.Recovery of expenses and costs payable by owners

105.Recovery of expenses and costs by instalments

106.Proceedings for recovery of arrears

107.Attachment

108.Application of proceeds

109.Title conferred by purchase at sale under section 106

110.Cost of proceedings for recovery of arrears

111.Power to stop sale

112.Application to court

113.Security to be given

114.Liability of transferor

115.Proceedings if an occupier opposes the execution of works

116.Disposal of matters and things removed by local authority

117.Licences to be discretionary

118.Notices, etc.

119.Receipts and notices may be given by officer authorized thereunto

120.Service of notices

121.Default in compliance with notice. General penalty

122.Court for trial of offences

123.Prosecution

124.Employee of authority may demand names and addresses in certain cases

125.Power of arrest

126.Saving of prosecutions

127.General penalties

128.Damage to property of local authority to be made good in addition to penalty

129.Inaccuracies in documents

130.Evidence

131.Evidential provisions

132.Improvement Service Fund

Part VII BY-LAWS

SECTION

133.By-laws

Part VIII REPEALS, TRANSITIONAL PROVISIONS, ETC.

SECTION

134.Repeals, transitional provisions, etc.

135.Power of State Authority to make transitional provisions, etc.

Schedule

An Act to amend and consolidate the laws relating to street, drainage and building in local authority areas in West Malaysia* , and for purposes connected therewith.

[See Appendix]

WHEREAS it is desired to introduce in the form of an Act of Parliament a uniform system with respect to street, drainage and building in local authority areas in West Malaysia;

AND WHEREAS it is now expedient for the purpose only of ensuring uniformity of law and policy to make a law with regard to local government matters relating to street, drainage and building;

NOW, THEREFORE, pursuant to the provisions of Clause (4) of Article 76 of the Constitution BE IT ENACTED by the Duli Yang Maha Mulia Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/1.Short title, application and commencement

Part I PRELIMINARY

1. Short title, application and commencement

(1) This Act may be cited as the Street, Drainage and Building Act 1974.

(2) This Act shall apply only to West Malaysia.

(3) This Act shall come into force on such date as the Minister may, after consultation with the State Authority, appoint in relation to that State by a notification in the Gazette and the Minister may, after consultation with the State Authority, appoint different dates for the coming into force of different provisions of this Act and may bring all or any provisions thereof into force either in all the local authority areas of a State to which the notification applies or in such local authority area of the State as may be specified in the notification.

(4) Notwithstanding subsection (3) the State Authority may by notification in the Gazette exempt any area of any local authority from any or all the provisions of this Act or any by-laws made thereunder.

(5) Notwithstanding the provisions of subsection (3), in relation to the Federal Territory this Act shall come into force on such date as the Minister may appoint by a notification in the Gazette .

(6) Notwithstanding the provisions of subsection (3) the State Authority may by notification in the Gazette extend any or all the provisions of this Act to apply to the whole or any part of any area within the State which is not under any local authority; and may make such modifications, amendments or variations to the provisions as may be necessary for the purpose of application to such area.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/2.Savings

2. Savings

Nothing in this Act shall affect the past operation of, or anything done under the provisions of, any law relating to street, drainage and building in local authority areas passed before the commencement of this Act:

Provided that any right, liberty, privilege, obligation or liability existing at the commencement of this Act by virtue of any such law shall, except as hereinafter expressly provided, be subject to the provisions of this Act.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/3.Interpretation

3. Interpretation

In this Act, unless the context otherwise requires--

"arcade"

includes verandah;

"building"

includes any house, hut, shed or roofed enclosure, whether used for the purpose of a human habitation or otherwise, and also any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge, or any structure support or foundation connected to the foregoing;

"building plans"

means plans that include site plans, key plans, floor plans, sections and elevations as set out specifically in any by-laws made under this Act;

*"certificate of completion and compliance"

means the certificate given or granted under any by-laws made under this Act;

"developer"

means any person, body of persons, company, firm or society who or which engages in or carries on or undertakes the business of developing or providing moneys for development or purchasing or partly developing and providing moneys for purchasing buildings;

"dwelling-house"

ncludes a building or tenement wholly or principally used, constructed or adapted for use for human habitation;

"footway"

includes footpaths and verandah-ways at the sides of streets;

"frontager"

means the owner of premises fronting on, adjoining, abutting on, or (though not actually so fronting, adjoining or abutting) adjacent or accessible to a street or back-lane or where--

(a) the owner of the premises by himself or his tenant has the right to use or commonly does use the street or back-lane as a means of access to or drainage from the premises; and

(b) in the opinion of the local authority, the use or the right to use is for the advantage or benefit of the land; 

"house"

includes dwelling-house, warehouse, office, counting-house, shop, school, and any other building in which persons are employed;

"Improvement Service Fund"

means the Improvement Service Fund established under section 132;

"local authority"

means any city council, municipal council, town council, town board, local council, rural board or similar local authority established by written law and in relation to the Federal Territory of Kuala Lumpur means the Commissioner of the City of Kuala Lumpur appointed under section 3 of the Federal Capital Act 1960 [Act 190 ];

"nuisance"

means any act, omission or thing occasioning or likely to occasion injury, annoyance, offence, harm, danger or damage to the sense of sight, smell or hearing, or which is or is likely to be injurious or dangerous to health or property;

"occupier"

means the person in actual occupation of the land or building in respect of which the word is used, or having the charge, management or control thereof either on his own account or as agent of another person, but does not include a lodger;

"owner"

means--

(a) the registered proprietor of the land;

(b) the lessee of a lease including a sub-lessee of the land whether registered or not;

(c) the agent or trustee of any of the owners described in paragraphs (a) and (b) if in the opinion of a local authority any of those persons cannot be traced or, if any of those persons has died, his legal personal representative;

(d) the person for the time being receiving the rent of the premises in connection with which the word is used whether on his own account or as agent or trustee for any other person or as receiver or who would receive the same if such premises were let to a tenant; 

"partial certificate of completion and compliance"

means the certificate given or granted under any by-laws made under this Act;

"person"

includes a company, a partnership, a body of persons and a corporation sole;

"a place of public resort"

means a building, or a defined or enclosed place used or constructed or adapted to be used either ordinarily or occasionally as a church, chapel, mosque, temple or other place where public worship is or religious ceremonies are performed, not being merely a dwelling-house so used, or as a cinema, theatre, public hall, public concert room, public ballroom, public lecture room, or public exhibition room, restaurant, night club, terminus, or shopping arcade, or as a public place of assembly for persons admitted thereto by ticket or otherwise, or used or constructed or adapted to be used either ordinarily or occasionally for any other public purpose;

"premises"

includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;

"principal submitting person"

means a qualified person who submits building plans to the local authority for approval in accordance with this Act or any by-laws made thereunder and includes any other qualified person who takes over the duties and responsibilities of or acts for the first mentioned qualified person;

"private connection pipe"

has the same meaning assigned to it under the Sewerage Services Act 1993 [Act 508];

"private street"

means any street not being a public street;

"public street"

means any street over which the public has a right of way which was usually repaired or maintained by the local authority before the coming into operation of this Act or which has been transferred to or has become vested in the local authority under this Act or in any other manner;

"qualified person"

means a Professional Architect, Professional Engineer or building draughtsman registered under any written law relating to the registration thereof;

"sewer"

has the same meaning assigned to it under the Sewerage Services Act 1993;

"sewerage system"

has the same meaning assigned to it under the Sewerage Services Act 1993;

"sky-sign"

means any erection consisting of a frame, hoarding, board, bar, pillar, post, wire or any combination of such things, or any erection of a like nature, or any visible object which floats or is kept in position by wire or other flexible attachment, displayed for the purposes of trade or professional advertisement in such a position as to be conspicuously visible against the sky above the general level of the roofs or surrounding buildings from any street or public place;

"State Authority"

, in relation to--

(a) the States of Malaysia, means the Ruler or Yang di-Pertua Negeri of a State and includes in Negeri Sembilan the Yang di-Pertuan Besar acting on behalf of himself and the Ruling Chiefs; and

(b) the Federal Territory of Kuala Lumpur means the Minister charged with the responsibility for local government; 

"street"

includes any road, square, footway or passage, service road, whether a thoroughfare or not, over which the public have a right of way, and also the way over any bridge, and also includes any road, footway or passage, open court or open alley, used or intended to be used as a means of access to two or more holdings, whether the public have a right of way over it or not; and all channels, drains, ditches and reserves at the side of any street shall be deemed to be part of such street;

"street works"

includes work of sewering, levelling, paving, metalling, flagging, kerbing, channelling, draining, lighting, laying of water, gas or electricity services and otherwise the making good a street or part of a street;

"structural elements"

means those parts or elements of a building which resist forces and moments and includes foundations, beams, columns, shear cores, slabs, roof trusses, staircases, load bearing walls and all other elements designed to resist forces and moments but excludes doors, windows and non-load bearing walls;

"structural plan"

means a plan relating to structural elements;

"submitting person"

means a qualified person who submits plans other than building plans to the local authority or relevant statutory authority in accordance with this Act or any by-laws made thereunder and includes any other qualified person who takes over the duties and responsibilities of or acts for the first mentioned qualified person;

"sullage"

includes any household waste liquids discharged from any bath, shower, lavatory, basin, floor gully, laundries or sink (not being a slop sink) but excludes faecal water and urine.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/4.Maintenance and repair of public streets

Part II STREETS

4. Maintenance and repair of public streets

(1) The local authority shall, so far as the funds at its disposal will admit, cause all public streets together with the footways thereof, whether covered by arcades or not, to be maintained and repaired and may--

(a) cause the same to be paved, metalled, flagged, channelled, drained, kerbed, lighted or otherwise improved, and the surface thereof to be raised, lowered or altered as it thinks fit;

(b) make and keep in repair any footways for the use of foot passengers in any such street;

(c) place on the sides of such footways or otherwise such fences and posts as are needed for the protection of foot passengers;

(d) provide street lighting. 

Boundary stones

(2) The local authority may set up or affix to any premises abutting on a public street, boundary stones or other marks to denote the length, width and alignment of such street.

Penalty

(3) Any person who removes, defaces or injures any stone or mark set up in accordance with this Act shall be liable on conviction to a fine not exceeding five hundred ringgit.

Owner or occupier to protect boundary stones

(4) The owner and occupier of any premises in or against or to which such stone or mark is set up or affixed shall protect the same.

(5) The expense of replacing any such stone or mark shall be paid by the occupier or, if the premises are unoccupied, by the owner, and shall be recoverable in the manner hereinafter provided.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/5.Power to make and improve streets

5. Power to make and improve streets

The local authority may, with the consent of the State Authority,--

(a) lay out and make new streets and back-lanes;

(b) build and construct bridges and tunnels;

(c) turn, divert, discontinue or stop up any public street; and

(d) widen, open, enlarge or otherwise improve any public street. 

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/6.Power to take land adjoining new streets for building purposes

6. Power to take land adjoining new streets for building purposes

(1) In laying out or making any new streets, or in widening, opening, enlarging or otherwise improving any public street, in addition to the land required for the carriageways and footways thereof, the local authority may request the State Authority, to acquire the land necessary for the buildings to form the said street and, with the consent of the State Authority may--

(a) erect any buildings upon the land so acquired or alter any existing buildings thereon; and

(b) sell and dispose of such land or buildings with such stipulations and conditions as to the class and description of buildings to be erected on such land as it thinks fit. 

(2) For the purpose of subsection (1), in relation to the Federal Territory of Kuala Lumpur reference to the State Authority shall be construed as reference to the Government of the Federation.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/7.Power to acquire to be in accordance with law relating to compulsory acquisition

7. Power to acquire to be in accordance with law relating to compulsory acquisition

(1) Where any immovable property not being State land is needed to be acquired for any of the purposes under sections 5and 6, such property may be acquired in accordance with any law relating to the compulsory acquisition of land for the time being in force in the State in which the property is situate.

(2) For the purpose of subsection (1), in relation to the Federal Territory of Kuala Lumpur reference to the State land shall be construed as reference to Federal land.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/8.Local authority may recover cost of new street or of widening, opening, etc., of public street

8. Local authority may recover cost of new street or of widening, opening, etc., of public street

(1) When the local authority has made a new street or has widened, opened, enlarged or otherwise improved a public street, it may, with the approval of the State Authority, recover the cost of acquiring the land for, and of--

(a) constructing the new street; or

(b) widening, opening, enlarging or otherwise improving the public street, from the developer concerned or the frontagers or both.

(2) If such sum is to be paid by the developer, it may be recovered from the developer.

(3) If such cost is to be paid by the frontagers, the persons who are the frontagers when the work is completed shall be liable and the sum shall be recoverable in the manner hereinafter provided.

(4) In determining the respective amounts to be paid by the frontagers or developers the local authority may take into consideration any or all of the following factors:

(a) the frontage of their respective premises;

(b) the area of their respective premises;

(c) the degree of benefit to be derived by those premises from the construction of the street;

(d) where any section of the street has previously been constructed, the amount and value of street works already executed by the frontager;

(e) reasonable charges in respect of surveys and superintendence;

(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 the developer is dissatisfied with the apportionment of costs, he may, within one month of the receipt of the notice of apportionment, appeal to the State Authority whose decision shall be final and shall not be subject to any appeal or review in any court.

(6) The local authority may exempt any frontager or class of frontagers from payment of the whole or part of the cost of the street works.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/9.Private persons making new streets

9. Private persons making new streets

(1) No person shall make any new street without the prior written permission of the local authority.

(2) Any person who intends to make any new street shall apply to the local authority, accompanied by a plan in duplicate, showing the intended level and construction of such street and the level of the houses to be built on the land abutting upon it and the proposed manner of draining it and by a statement specifying the use for which such street is intended:

Provided that the local authority shall not approve the detailed plans of any new street unless the use of the land for this purpose has been approved by the competent authority under any law relating to town and country planning.

(3) The local authority may give written directions to the person submitting a plan for a new street with regard to any of the following particulars:

(a) compliance with this Act and any by-laws made thereunder;

(b) the line of the new street, so as to ensure that it forms a continuous street with any existing or proposed new street;

(c) the level, material and construction of the new street;

(d) the provision of footpaths and the size, specification and gradient of such footpaths;

(e) the provision along the length of the new street of intersecting streets or back-lanes;

(f) the width of the new street;

(g) the width of any intersecting street or back-lane, which shall be of such width as the local authority requires;

(h) the gradients, levels and mode of drainage of the new street and of any intersecting streets or back-lanes;

(i) the rounding of the corners of new streets;

(j) the provision of culverts and the sizes, specifications and gradients of such culverts; and

(k) the provision of street lighting, and the person to whom any such written directions are given shall amend the plan accordingly.

(4) The person whose plan has been approved by the local authority and each successor in title of such person, in so far as the street lies in the land acquired by him, shall lay out the new street and demarcate its boundaries by such boundary stones or other marks as may be specified by the local authority to denote the length, width and alignment of the street.

(5) If the new street has not been laid out and demarcated within the period of six months from the date when the plan was first approved or within such further period as may be approved by the local authority, the local authority may enter upon the land and lay out the new street and demarcate its boundaries at the expense of the person whose plan has been approved or of his successor in title.

(6) The person whose plan has been approved by the local authority or his successor in title in so far as the street lies in the land acquired by him shall, if he constructs the new street, construct the new street in accordance with the plan approved by the local authority within such period as may be specified in such approval:

Provided that the local authority may renew such approval for such period as it considers necessary.

(7) Any person who--

(a) constructs any new street otherwise than in accordance with a plan approved by the local authority under this section;

(b) without the permission in writing of the local authority plants any hedge in such manner that any part thereon is in any direction less than twenty feet from the centre of the carriageway of any street, not being a public street, or less than forty feet from the opposite side of any road or path which is used or intended to be used as the means of access to two or more houses exclusive of the width of any footway which the local authority requires; or

(c) constructs any culvert or bridge on the line of the new street drainage otherwise than in accordance with the plans and specifications approved by the local authority, shall be liable on conviction to a fine not exceeding two thousand ringgit, and a Magistrate's Court shall, on the application of the local authority, make a mandatory order against the offender requiring him to execute any one or more of the following works:

(i) to alter the street;

(ii) to remove any hedge so planted;

(iii) to alter or remove any culvert or bridge so constructed; or

(iv) to comply with the plan approved by the local authority. 

(8) Where any new street is stated to be intended for pedestrians, the local authority may impose such conditions for ensuring that the same shall not be used by vehicles or classes of vehicles as may be specified by it.

(9) Any person who keeps open or uses such street in breach of the conditions imposed under subsection (8) 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 service of a notice to cease the breach.

(10) No person shall erect or maintain or permit to be erected or maintained any obstruction in any street, and the local authority may, where any such obstruction exists, take down and remove the same and cost and expenses of so doing may be recovered from the person who erects, maintains or permits the erection or maintenance of such obstruction and shall be recoverable in the manner hereinafter provided.

(11) For the purposes of this section the continuation of an existing street or the widening or alteration of any existing street or the adapting for carriage traffic of a street made for other traffic shall be deemed to be making a new street in respect of the whole thereof.

(12) If the person applying under subsection (2) is dissatisfied with any requisition or disapproval by the local authority, he may, within seven days from the receipt of such requisition or disapproval, appeal to the State Authority whose decision shall be final.

(13) If the local authority does not, within two months of receipt of the application and plan under this section approve, disapprove or make written requisition with regard thereto the applicant may then apply to the State Authority, and the powers vested in the local authority under this section shall then be vested in the State Authority.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/10.Approval of plans to expire

10. Approval of plans to expire

All plans for the making of a new street which were approved under the provisions of any written law before the coming into force of this Act shall expire at the end of one year from the date of coming into force of this Act:

Provided that the local authority may grant a renewal of such approval for such period as it may determine, but such renewal shall not in the aggregate exceed twelve months.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/11.Paving, etc., of private streets

11. Paving, etc., of private streets

(1) Where any private street or part of a private street in the opinion of the local authority requires street works, the local authority shall cause to be prepared plans and specifications of the street works and an estimate of the cost thereof and a provisional apportionment of such estimated expenses among the frontagers or developers or both and shall serve a notice of such decision upon each of the frontagers and developers requiring them to execute to the satisfaction and in accordance with the directions in writing of the local authority, such street works and within such period as may be specified in the notice.

Apportionment of cost

(2) In apportioning the estimated cost thereof among the frontagers or developers, the local authority may take into consideration any or all of the following factors:

(a) the frontage of their respective premises;

(b) the area of their respective premises;

(c) the degree of benefit to be derived by those premises from the construction of such street works;

(d) the amount and value of street works already executed by any frontager or developer;

(e) reasonable charges in respect of surveys, superintendence and publication and service of notices; and

(f) any other matters which in the opinion of the local authority are relevant and proper to be considered. 

Plans, etc., to be open to inspection by or on behalf of any person upon whom notice served

(3) During one month from the date of the issue for service of the notice referred to in subsection (1), the said plans, specifications, estimate and provisional apportionment shall be open to inspection by or on behalf of any person upon whom such notice has been served and by or on behalf of the owners of any building or holding listed at the office of the local authority; and such notice shall state:

(a) that such plan, specification, estimate and provisional apportionment are so open to inspection as aforesaid during the usual office hours until a day (not less than one month from the date of issue for service of such notice) upon which the local authority will consider any objections to the proposed street works or to the plan, specification, estimate and provisional apportionment or any amendment thereof; and

(b) that in default of compliance with the requirements of the local authority as stated in such notice, the local authority will itself cause the street works to be executed. 

Local authority may amend plan, etc., for any street works

(4) The local authority may from time to time amend the plan, specification, estimate and provisional apportionment for any street works, but if by reason of such an amendment the estimate in respect of any private street or part thereof is increased or the provisional apportionment of the cost of such street works on any premises is increased, such notices previously served shall be withdrawn by the local authority and fresh notices based on the amended plan, specification, estimate and provisional apportionment or any of them shall be served by the local authority in accordance with the provisions of subsection (1) and the amended plan, specification, estimate and provisional apportionment shall be similarly open to inspection.

Frontagers may object to execution of proposed street works and to plan, etc.

(5) During the period of one month referred to in subsection (3) the frontager or developer shown in the provisional apportionment or amended provisional apportionment as liable to be charged with any part of the expenses of executing the street works may, by notice in writing duly served upon the local authority, object to the proposed street works and to the plan, specification, estimate and provisional apportionment or to any one or more of them or to any amendment thereof pursuant to subsection (4), on any one or more of the following grounds:

(a) that the alleged private street or part thereof is not or does not form part of a street within the meaning of this Act;

(b) that the alleged private street or part thereof is (in whole or in part) a public street;

(c) that there has been some material informality, defect or error in, or in respect of, the decision, notice, plan, specification, estimate or provisional apportionment or amendment thereof;

(d) that the proposed street works are insufficient or unreasonable or that the expenses as estimated are excessive;

(e) that any premises ought to be excluded from or listed in the provisional apportionment;

(f) that the provisional apportionment or amended provisional apportionment is incorrect in respect of some matter of fact to be specified in the objection or (where the provisional apportionment is made with regard to other considerations other than frontage as provided in this section) in respect of the degree of benefit derived by any person or the amount and value of any street works already executed by the owner or occupier of any premises. 

Objections

(6) After objections duly made under subsection (5) have been inquired into and the persons making them have been allowed an opportunity of being heard, the local authority may at its discretion confirm or amend the plan, specification, estimate and provisional apportionment.

(7) The plan, specification, estimate and provisional apportionment so confirmed or amended shall be open to inspection by the persons referred to in subsection (3) or (4) during the usual office hours at the office of the local authority and a notice stating that they are open to inspection shall be published in such manner as the local authority may determine.

(8) No objection shall be made to such amended requisition or estimates or apportionment.

When local authority may execute work

(9) If such street works--

(a) are not commenced within the period specified in the notice served under subsection (1);

(b) are not commenced within thirty days from the date of such confirmation or amendment under subsection (6); or

(c) having been commenced are thereafter suspended or are not completed within the period specified in the notice under subsection (1) or within thirty days of confirmation or amendment under subsection (6) as the case may be, the local authority may, if it thinks fit, cause the same to be executed and completed.

Final apportionment on completion of work

(10) When the street works have been completed by the local authority and the cost thereof ascertained, the local authority shall cause a final apportionment of the cost of such street works to be made by dividing the expenses in the same proportions as those made in which the estimated expenses were divided in the provisional apportionment or amended provisional apportionment (as the case may be) and such final apportionment shall be conclusive for all purposes and notice of such final apportionment shall be served upon persons who are frontagers at the time of completion of the work affected thereby or the developers or both and the sums apportioned thereby shall be recoverable in the manner hereinafter provided.

Extent of liability of owner when expenses exceeded

(11) If the expenses incurred by the local authority in executing the street works as shown in the final apportionment exceeds the estimated expenses as shown in the provisional apportionment or amended provisional apportionment (as the case may be) the frontagers or developers affected shall not be liable to pay that part of such expenses as shown in the final apportionment which are in excess of a sum equal to the estimates shown in the said provisional apportionment plus ten per centum thereof.

(12) (a) The local authority may instead of charging the frontagers or developers pay the whole or part of the cost of the street works and may exempt any premises or class of premises from payment of the whole or part of the cost apportioned to that premises or class of premises.

(b) If the local authority exempt any premises or class of premises from payment of the whole or part of the apportioned cost, the local authority shall pay the sums apportioned to such premises or class of premises as if it were the owner of that premises or class of premises. 

(13) For the purpose of this section "developer" means the developer of lands belonging to persons who would be frontagers.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/12.Declaration of public streets

12. Declaration of public streets

(1) Where street works have been executed to the satisfaction of the local authority under this Part in respect of a private street, which is not less than forty feet wide, then on the request--

(a) in the case of street works executed under section 11, of the several frontagers listed in the final apportionment as together have an annual value of more than fifty per centum of the total annual value of the premises so listed; or

(b) in any other case, of the several frontagers of such private street or part of a private street as together have an annual value of more than fifty per centum of the total annual value of the premises fronting on, adjoining, abutting on or (though not actually so fronting, adjoining or abutting) adjacent or accessible to such private street or part of the private street, as the case may be, demanding that the private street or part of the private street be declared a public street, the local authority shall declare the same to be a public street and such street shall thereupon become a public street and forever afterwards be maintained by the local authority.

(2) The declaration shall be published in such manner as the local authority thinks fit.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/13.Private streets may be declared public streets

13. Private streets may be declared public streets

(1) If any street, not being a public street, is levelled, channelled and drained, and either paved, metalled or flagged to the satisfaction of the local authority, it may, whether at the request of the frontagers or otherwise, if it thinks fit, declare that at the expiration of one month from the date thereof the said street shall become a public street.

(2) Notwithstanding subsection (1) the local authority may require the frontagers to provide lighting for the street to the satisfaction of the local authority as a condition precedent to the declaration under subsection (1).

(3) A copy of the intention to declare such street as a public street shall be forthwith posted up in some prominent part of the said street.

(4) At the expiration of the said period, unless the frontagers or such frontagers having the greater part in the annual value have, by notice to the local authority in writing under their hands, objected thereto, the said street shall become a public street and forever afterwards be maintained by the local authority.

(5) After considering the objections or if there is no objection after the expiration of the said period the local authority shall declare the street as a public street.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/14.Widening of private streets

14. Widening of private streets

(1) Whenever the local authority decides that it is necessary to widen, open, enlarge or otherwise improve any private street or any part of a private street, the local authority shall prepare a plan showing the premises which will be acquired for the purpose of effecting such widening, opening, enlarging or otherwise improving the street:

Provided that any acquisition of premises shall be in accordance with the law relating to the compulsory acquisition of land.

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.

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.

(4) The cost of acquisition under this section may be recovered from the developers or frontagers or both.

Owner to repay local authority cost of acquisition

(5) If it is to be recovered from the frontagers it shall be apportioned among the persons who are frontagers of such street at the time of completion of such widening, opening, enlarging or other improvement and the sums apportioned shall be recoverable as hereinafter provided from such persons by the local authority.

Factors to be taken into consideration for apportionment

(6) In apportioning the cost thereof among the frontagers or developers, the local authority may take into consideration any or all of the following factors:

(a) the frontage of their respective premises;

(b) the area of their respective premises;

(c) the degree of benefit to be derived by those premises from the widening of the street;

(d) the amount and value of street works already executed by any frontager or developer;

(e) the cost of premises voluntarily surrendered by the owners to the local authority; and

(f) any other matters which in the opinion of the local authority are relevant and proper to be considered. 

(7) The frontagers or developers affected by the apportionment may within one month of the receipt of the notice to pay the amount appeal to the State Authority whose decision shall be final.

(8) Pending the decision of the State Authority, the frontager or developer shall be bound to pay the sum first and if the decision of the State Authority is in favour of the appellant, the local authority shall remit such sum or part of such sum as the case may be.

(9) For the purpose of subsections (1), (2) and (3) in relation to the Federal Territory of Kuala Lumpur references to the State Authority shall be construed as references to the Government of the Federation.

(10) For the purpose of this section "developer" means the developer of lands belonging to persons who would be the frontagers.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/15.Repair of private streets

15. Repair of private streets

(1) Where any private street or any part thereof is in a dangerous or defective condition, the local authority may, by notice in writing, require--

(a) the developer;

(b) the frontagers of such street; or

(c) any other person who, in the opinion of the local authority, was responsible for causing the street to be in a dangerous or defective condition, to cause such street to be properly repaired and amended within such time as may be prescribed in such notice and may in such notice specify the date before which such work shall be commenced.

(2) If any frontager or developer or any other person fails to comply with the requirements of such notice, the local authority may itself cause the work to be done and such frontager or such other person shall pay to the local authority the cost and expense thereof as apportioned by the local authority:

Provided that if such frontager or developer or such other person fails to commence such work before the date specified under subsection (1), the local authority may in its discretion, notwithstanding that the period stated in the notice for the completion of the work has not yet expired, itself cause the work to be done and recover the cost and expense thereof in the manner hereinafter provided.

(3) If any frontager or developer or any other person is dissatisfied with the apportionment of costs, he may within one month from the date of receipt of the notice appeal to the State Authority whose decision thereon shall be final and shall not be subject to any appeal in any court.

(4) Notwithstanding subsections (1)and subsections (2), the local authority may, in its discretion, and so far as the funds at its disposal will admit, execute at its own expense street works on any private street or any part thereof as may be deemed necessary for or conducive to the public safety, health, convenience or comfort:

Provided that the execution of such street works at the expense of the local authority shall not affect the liability of such frontagers or developers or any other persons under subsections (1) and (2).

(5) A certificate of the local authority stating that it is of the opinion that such person named in such certificate was responsible for causing a private street or part thereof to be in a dangerous or defective condition shall be prima facie evidence of such facts for the purpose of any proceedings for the recovery of the cost and expense of repairing such private street.

(6) For the purpose of this section "developer" means the developer of lands belonging to persons who would be the frontagers.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/16.Notice on person causing private street to be in a dangerous or defective condition

16. Notice on person causing private street to be in a dangerous or defective condition

(1) Where the local authority is of the opinion that any frontager, developer or any other person is responsible for causing a private street or any part thereof to be in a dangerous or defective condition it may, by notice, require him not to make further use of the private street for the purpose of transporting any matter, material or thing, or prohibit the use of the road by specified class of vehicles, until he deposits with the local authority such sum as the local authority may specify.

(2) The local authority shall in specifying the sum to be deposited with the local authority under subsection (1) have regard to the cost and expense that would have to be incurred if it should cause the repairs to be done.

(3) Any frontager, developer or any other person who fails to comply with the notice shall be liable on conviction to a fine not exceeding five thousand ringgit or to imprisonment for a term which may extend to twelve months or to both.

(4) The certificate of the local authority stating that it is of the opinion that such frontager, developer or such other person named in such certificate was responsible for causing a private street or part thereof to be in a dangerous or defective condition shall be prima facie evidence of such facts for the purposes of any prosecution under this section.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/17.Payments to be made before erection of buildings in respect of street works

17. Payments to be made before erection of buildings in respect of street works

(1) Subject to this section--

(a) where any building which is to be erected will have frontage on a private street in respect of which the local authority may be able to exercise its powers under the provisions of section 11 to require street works to be executed or to execute street works on its own; or

(b) in any case where an application is required, under the provisions of section 9, for the making of a new street, no work shall be commenced or done for the purpose of erecting such buildings, unless--

(aa) the person erecting the building has deposited with the local authority such sum, if any, as may be required to be deposited in accordance with an order made under section 18; or

(bb) the deposit in respect of the erection of such building or class of buildings has been exempted under any order made by the State Authority under subsection (8): 

Provided that such person may, if the local authority so agrees, instead of making a deposit of a sum of money give a security to the satisfaction of the local authority.

(2) If any work for the erection of any new building is commenced in contravention of subsection (1), the local authority shall serve a notice in writing upon the person who, in the opinion of the local authority, is responsible for the commencement of any such work, or post a notice at the site of the erection of the new building, requiring such person and any other person to cease building operation forthwith and the building operation shall not resume unless the requirements under subsection (1) have been complied with.

(3) If the person served with the notice under subsection (2) claims that he is not the person responsible for the commencement of any such work, he shall, within seven days of service of the notice on him, lodge his disclaimer of responsibility with the local authority.

(4) If any work for the erection of any new building is commenced in contravention of subsection (1) the person who is responsible for the commencement of such work shall be liable on conviction to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.

(5) Any person who fails to comply with any notice under subsection (2) shall in addition to any fine imposed under subsection (4) be liable to a further fine not exceeding two hundred and fifty ringgit for every day during which such notice was not complied with.

(6) Where any person has been convicted of an offence under subsection (4) or (5) or both and the erection of the building has been completed, the court before which such person is convicted may, in addition to such fine or imprisonment that it may impose under subsection (4) or (5) or both, order him to deposit any amount that he would have been required to deposit under section 18, and such amount may be recovered according to the law for the time being in force for the recovery of fines.

(7) A certificate of the local authority stating that it is of the opinion--

(a) that the person named in such certificate is responsible for the commencement of any work for the erection of any new buildings; or

(b) that any new building in respect of which a prosecution had been instituted in regard to the commencement of any work, for contravening the provisions of subsection (1), has been completed, shall be prima facie evidence of such facts for the purposes of any prosecution under this section.

(8) The State Authority may by order in writing exempt any building or class of buildings from the provisions of subsection (1).

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/18.Determination of the amount to be deposited and the date of completion

18. Determination of the amount to be deposited and the date of completion

(1) Any person who intends to commence any work for the erection of any new building shall unless exempted apply to the local authority for an order from the local authority specifying the amount required to be deposited for street works and the date on or before which such street works shall be completed.

(2) The person applying for such an order shall within fourteen days of service of the order on him deposit with the local authority the sum stated in the order or give the security.

(3) In making the order the local authority shall have regard to the amount that would be expended by it if it executed the street works under this Act.

(4) Any person who is dissatisfied with such order shall, within ten days of the service of the order on him, appeal to the State Authority whose decision thereon shall be final and shall not be subject to any appeal in any court.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/19.Local authority may execute and cause to be properly carried out street works

19. Local authority may execute and cause to be properly carried out street works

(1) If street works are not commenced after the commencement of building operations or are not executed to the satisfaction of the local authority, in any case where a deposit has been made or security given under subsection 18(2), the local authority may, at any time after giving notice of its intention to do so execute or cause the street works to be properly carried out.

(2) The costs of the execution of the street works or of causing the street works to be properly carried out by the local authority shall be recovered from the deposit made or security given under subsection 18(2).

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/20.Refund of deposit when street works have been completed

20. Refund of deposit when street works have been completed

(1) Where a deposit has been made or security given under subsection 18(2) and street works have been carried out to the satisfaction of the local authority, the local authority shall refund to the person who made such deposit or given such security the whole or part of such deposit or security.

(2) The local authority may retain the deposit or security or any part of such deposit or security if, it is of the opinion that--

(a) the street works have not been executed properly;

(b) the building operations, in regard to the erection of any building which have not been commenced or completed, would require further street works to be executed; or

(c) such deposit or security is required for a period of maintenance, which period shall not exceed twelve months. 

(3) In this section and in section 19 "building operations" means such works as are carried out for the erection of any new building including works which are preparatory to the erection of such new building.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/21.Refund of deposit when building operations are not commenced

21. Refund of deposit when building operations are not commenced

(1) Any person who has made a deposit or given a security under subsection 18(2) and who subsequently decides not to proceed with the erection of any building, without having commenced any building operations, shall serve the local authority notice of this intention not to proceed with the erection of such building.

(2) The local authority shall, upon receipt of such notice, cancel the approval of the plans and specifications in respect of such proposed building.

(3) The local authority shall refund the deposit or part thereof or return such security or part thereof as it may determine.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/22.Preparation of scheme for building

22. Preparation of scheme for building

(1) Where the local authority has reason to believe that any land is likely to be used for building purposes, it may prepare a scheme consistent with any plans made under any law relating to town and country planning, showing the streets, back-lanes and open spaces which it deems necessary to secure proper sanitary conditions, amenity and convenience in connection with the laying out and the use of such land and of any neighbouring lands.

(2) The local authority shall as soon as the scheme is prepared publish a public notice of the preparation of the scheme in the Gazette and in such local newspaper or newspapers as the local authority may determine, giving particulars of place or places where copies of the scheme may be inspected, inviting objections in writing from any person with respect to the scheme and stating the period (which shall not be less than one month) within which such objections may be made.

(3) If no objection is received within the period in which objections may be made the local authority shall apply to the State Authority for an order that the scheme be confirmed.

(4) Where there is any objection the local authority shall, after the expiry of the period within which such objection may be received, consider such objection and may in this connection hear any person who in filing the objection has requested to be heard.

(5) The local authority shall after considering the objection submit to the State Authority its scheme whether modified or otherwise and may enter its reasons for refusing to modify or for modifying in the manner that it did.

Order may be made with conditions

(6) The State Authority may by order confirm the scheme submitted by the local authority under subsection (3) or (5) and may, in confirming the scheme, modify the scheme or impose such conditions as the State Authority thinks fit.

State Authority may modify scheme

(7) The State Authority may, on the application of either the owner of the land affected or the local authority at any time after any scheme has been confirmed under subsection (6) but only after giving every owner or reputed owner of any property which in its opinion is affected by such modification and the local authority an opportunity to be heard either in person or by counsel, modify such scheme or any part thereof.

Effect of plan forming part of scheme

(8) Any plan forming part of any scheme made under this section shall, for the purposes of section 70, have the same effect as a plan approved by the local authority under that section:

Provided that the duty imposed by the scheme shall not attach to any person unless and until he submits a plan for the erection of a building on some part of the land comprised in the plan under section 70.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/23.Regular line of street may be prescribed

23. Regular line of street may be prescribed

(1) The local authority may, with the sanction of the State Authority, prescribe a line on each side of a public street within which, except under section 34 no portion of any building abutting on the said street shall, after such line has been prescribed, be constructed.

(2) A line so prescribed shall be called "the regular line of the street".

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/24.Local authority in certain cases may take possession of land within the regular line of street

24. Local authority in certain cases may take possession of land within the regular line of street

(1) When any building or any part of a building which lies within the regular line of the street falls down or is burned down or is taken down the local authority may take possession of the portion of land within the regular line of the street that was occupied by the said building and, if necessary, clear the same.

(2) If any land, whether open or enclosed, lies within the regular line of the street and is not occupied by a house, or if a platform, verandah, step or some other structure external to a house abutting on a public street or a portion of a platform, verandah, step or other such structure is within the regular line of the street, the local authority may, after giving to the owner of the land or building not less than seven clear days' notice in writing of its intention to do so, take possession of the said land with its enclosing wall, hedge or fence, if any, or of the said platform, verandah, step or such other structure and, if necessary, clear the same.

Land taken to form part of street

(3) Land so taken possession of under this section 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 when acquired shall be deemed to be a part of the public street.

(4) For the purpose of subsection (3), in relation to the Federal Territory of Kuala Lumpur reference to the State Authority shall be construed as reference to the Government of the Federation.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/25.Provision of footways, etc.

25. Provision of footways, etc.

(1) Wherever there is a frontage to the public street vacant of houses to a depth of four feet or more, lying between arcades or public footways or between such buildings and another street, the local authority may, by notice in writing, require the owner or owners of such vacant frontage or the owners of the several frontages making up the same forthwith to allow without compensation a footway of a width of seven feet or equal to the vacant depth of the frontage whichever is less, to be made for the use of the public along the said frontage, and, if necessary for this purpose, to set back any wall, fence, paling, hedge or other similar erection separating his or their land from the public street to a distance not exceeding seven feet from the edge of the street within three months from the date of the notice.

(2) The cost of constructing and maintaining any footway proposed to be made under the powers given in this section, as well as the cost of setting back any such erection as aforesaid, shall be borne by the local authority and the notice or notices required to be given shall contain a specification of the work required to be done and the materials to be used and an offer by the local authority to pay such sum as may be specified therein as being the cost of carrying out such work.

Who to execute work

(3) On receipt of the notice the owner or owners may either execute the work as regards their respective frontages or require the local authority to do so, and, where any owner executing such work fails to complete the work within the time specified in the notice, the local authority may enter upon his land and carry out the work.

Plan to be delivered

(4) In every case where a footway is made under this section, the local authority shall deliver to each owner of the land a plan showing the land taken for such footway and a statement to the effect that the land has been taken under this section for use as a public footway, subject nevertheless to the right of each owner and his successors in title at any time to build in such manner and to such extent as he would have been entitled to build if the land had not been taken for use as a public footway.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/26.Local authority may put up lamp-posts and lamps

26. Local authority may put up lamp-posts and lamps

(1) The local authority may cause lamp-irons, lamp-posts or other lighting apparatus to be put up or fixed upon or against the walls or palisades of any building or enclosure, doing as little damage as is practicable thereto, or to be put up or erected in such other manner within any street, road or place as it deems proper and may cause such number of lamps of such sizes and sorts to be provided and affixed and put on such lamp-irons and lamp-posts as are necessary for lighting all or any of such streets, roads and places and cause the same to be lighted during such hours as are necessary.

Troughs and pipes to be fixed

(2) The owner of every house or building shall, within twenty-one days after the service of notice from the local authority to that effect, put up and keep in good condition proper troughs, gutters and pipes for receiving and carrying the water from the roof and other part of such house or building and for discharging the same in such manner as the local authority may direct so that it shall not fall upon persons passing along the street or enter any sewer.

(3) If the notice is not complied with the local authority at any time after the expiration of the time so specified may cause the work to be done and the cost and expenses of so doing shall be paid to the local authority by the owner in default.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/27.Situation of water-pipes, etc., to be altered at the expense of the local authority

27. Situation of water-pipes, etc., to be altered at the expense of the local authority

(1) If the local authority deems it necessary for the purposes of this Act to raise, sink, lower or otherwise alter the situation of any water-pipe or other waterworks, electric lighting cable or main telegraph wire or other electric lighting apparatus or telegraph apparatus laid in any street, it may, by notice in writing, require the person or authority, to whom any such pipes, works, cables, mains or apparatus belong or under whose control they are, to cause forthwith, or as soon as conveniently may be, any such pipes, works, cables, mains or apparatus to be raised, sunk, lowered or otherwise altered in position in such manner as it directs:

Provided that such alteration is not such as to permanently injure such works, cables, mains or apparatus or to prevent the water from flowing as freely and conveniently as before.

(2) The expenses attending such raising, sinking, lowering or altering, and reasonable compensation for the damage done thereby, may be paid by the local authority.

(3) If the person or authority to whom any such pipes, works, mains, cables or apparatus belong, or under whose control they are, does not proceed forthwith, or as soon as conveniently may be, after the receipt of such notice to cause the same to be raised, sunk, lowered or altered in the manner required by such notice, a Magistrate's Court shall, on the application of the local authority, issue a mandatory order for the execution of the necessary work.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/28.Where road is injured by excavation local authority may repair and recover expenses

28. Where road is injured by excavation local authority may repair and recover expenses

(1) If the roadway, drain or verandah-way in or adjoining any public street is damaged by or in consequence of any excavation on land adjoining such roadway, drain or verandah-way the local authority may repair and make good the damage done.

(2) All costs and charges arising therefrom shall be paid to the local authority by the owner of the land on which the excavation has been made.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/29.Names of streets

29. Names of streets

(1) The local authority may, subject to the approval of the State Authority, determine the name by which any street shall be known and may alter the name of any street or part of a street.

(2) The local authority may cause the name of any street to be painted, or otherwise marked, in a conspicuous position on any house, building or erection in or near such street and from time to time alter or renew such inscription of the name of any street, if the name of the street is altered or such inscription becomes illegible or damaged.

(3) Any person who destroys, pulls down, defaces, covers or conceals any inscription of the name of a street which has lawfully been set up, or sets up in any street any other name different from the name lawfully given to such street, shall be liable on conviction to a fine not exceeding five hundred ringgit.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/30.Designation of fire-hydrants

30. Designation of fire-hydrants

(1) The local authority may cause to be affixed on a conspicuous part of any house or building a plate indicating the position of the nearest fire-hydrant and may place fire alarms, electric or otherwise, at convenient places in the streets.

Penalty

(2) Any person who destroys, pulls down, defaces, covers or conceals any such plate shall be liable on conviction to a fine not exceeding five hundred ringgit.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/31.Numbers on houses

31. Numbers on houses

(1) The local authority shall in its discretion allot a number to any house or building and may fix a mark displaying such number in a conspicuous place on the outside of any house or building or at the entrance of the enclosure fronting the street, and may from time to time change such number and replace or refix any mark displaying such number.

Penalty for destroying

(2) Any person who destroys, pulls down, defaces, covers or conceals any such mark shall be liable on conviction to a fine not exceeding five hundred ringgit.

(3) The owner and occupier of such house or building shall protect such number.

(4) The expense of replacing or refixing any such number which has been destroyed, pulled down, defaced, covered or concealed shall be paid by the occupier or, if the house or building is unoccupied, by the owner, and shall be recoverable in the manner hereinafter provided.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/32.Doors not to open outwards

32. Doors not to open outwards

(1) All doors, gates, bars and ground-floor windows opening upon any street shall be hung or placed so as not to open outwards except when the same are hung or placed in such manner as, in the judgment of the local authority, to cause no obstruction in any such street.

(2) If any door, gate, bar or window is hung or placed so as to open outwards on any such street, the owner of the premises to which the same is attached shall, within fourteen days after the service of such notice from the local authority to that effect, cause the same to be altered so as not to open outwards.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/33.Projections from houses not to be allowed

33. Projections from houses not to be allowed

(1) The local authority may give notice in writing to the owner or occupier of any house or building to remove or alter any projection, encroachment or obstruction which has been or may be erected or placed against or in front of such house or building, if the same overhangs or juts into or in any way projects into or encroaches upon or is an obstruction to the safe and convenient passage along any public street or obstructs or projects or encroaches into or upon any aqueduct, drain or sewer in such street.

Same to be removed

(2) Such owner or occupier shall, within fourteen days or such extended time as the local authority may allow, after the service of such notice upon him, remove such projection, encroachment or obstruction or alter the same in such manner as therein directed.

Owner may recover expenses from occupier

(3) In case such projection, encroachment or obstruction was made or put up by the occupier and the expenses of removing or altering the same have been paid by the owner, including a payment by the owner to the local authority when the work has been executed by it under the power hereinafter provided, then the owner shall be entitled to recover the reasonable expenses from the occupier.

Occupier may recover expenses from owner

(4) In case such projection, encroachment or obstruction was not made or put up by the occupier and the expenses of removing or altering the same have been paid by him, including a payment by him to the local authority when the work has been executed by it under the power hereinafter provided, then the occupier shall be entitled to deduct the reasonable expenses from the rent payable by him to the owner.

Local authority to pay if erection lawful

(5) If such projection, encroachment or obstruction has been lawfully made, the local authority shall pay the expenses of the removal or alteration thereof and make reasonable compensation to every person who suffers damage by such removal or alteration and, if any dispute arises touching the amount of such compensation, the same shall be ascertained in the manner hereinafter provided.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/34.Projecting verandahs, etc., may be made in streets not less than 40 feet wide

34. Projecting verandahs, etc., may be made in streets not less than 40 feet wide

(1) The local authority may give permission in writing to owners of houses or buildings fronting, adjoining or abutting on public street of not less than forty feet in width to project open verandahs, balconies, sun shades, weather-frames and signboards and may, in granting such permission, impose any condition it thinks fit.

(2) On breach of any such condition the local authority may give the owner or occupier notice to comply with such condition and, if such condition is not complied with within thirty days, a Magistrate's Court shall, on the application of the local authority, make a mandatory order for the removal of such projection.

Penalty

(3) Any person who contravenes any of the conditions imposed under subsection (1) shall be liable on conviction to a fine not exceeding one thousand ringgit and shall also be liable to a further fine not exceeding two hundred and fifty ringgit for every day during which the offence is continued after a notice to remedy the contravention has been served upon the owner or occupier.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/35.Sky-signs

35. Sky-signs

(1) No sky-sign shall be erected in any place within the area of the local authority without the prior written permission of the local authority.

(2) The local authority may give to the owner or occupier of any premises upon which any sky-sign is so erected notice in writing to remove the same, and the owner or occupier shall remove the same within fourteen days after service of such notice.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/36.Hedges and trees bordering streets to be trimmed

36. Hedges and trees bordering streets to be trimmed

(1) The local authority may by notice in writing require the owner or occupier of any land to trim or prune the hedges thereon bordering any street so that they do not exceed seven feet in height from the level of the street, and, in the case of hedges within fifteen yards of a corner, four feet in height from the level of the street, and to cut and trim all trees or branches of trees overhanging any street.

(2) If the owner or occupier fails to comply with the notice within the period specified therein, the local authority may itself cause the work to be done and recover the cost and expenses thereof in the manner hereinafter provided.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/37.Prevention of grass fires

37. Prevention of grass fires

(1) Where the local authority is satisfied that any grass, or other vegetation whether growing or not is in a combustible state or likely to be dangerous to life or property in case it should become lighted, the local authority may by notice in writing require the owner or occupier of the land on which the same is growing or lying to remove the same from the land within a period specified by the notice.

(2) If the notice is not complied with, the local authority at any time after the expiration of the specified period may, if it thinks fit, cause the work specified in the notice to be done, and the cost and expenses of so doing shall be paid to the local authority by the owner or occupier in default and shall be recoverable in the manner hereinafter provided.

(3) If any fire occurs on any land in respect of which a notice under subsection (1) has been given after the time limited by such notice and before the notice has been fully complied with, the cost and expenses of extinguishing the fire incurred by the local authority shall be paid to it by the owner or occupier in default and shall be recoverable in the manner hereinafter provided and a certificate as to the amount of such cost and expenses by the local authority shall be conclusive evidence that such amount has been so incurred.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/38.Trees not to be planted within twelve feet of street

38. Trees not to be planted within twelve feet of street

(1) No tree unless it is of a specie allowed by the local authority shall be planted within twelve feet of any street or back-lane.

(2) Any person who plants any tree in contravention of this section shall be liable on conviction to a fine not exceeding five hundred ringgit, and the tree may be cut down or dug up by order of the local authority.

Penalty

(3) Any tree standing within twelve feet of or overhanging any street or back-lane may be cut down or dug up by order of the local authority:

Provided that where such tree being a fruit tree was planted before the street or back-lane was laid out or intended for a street or back-lane, the local authority shall make such compensation not exceeding fifty ringgit to the owner thereof as is just.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/39.Taking up pavement

39. Taking up pavement

(1) Any person who displaces, takes up or makes any alteration in the pavement, flags or other materials or in the fences or posts of any public street without the prior written permission of the local authority or without other lawful authority shall be liable on conviction to a fine not exceeding five hundred ringgit.

(2) Any person who wilfully damages or causes or permits any damage to be done to any street, footway, verandah-way, works or property, or any part thereof, belonging to the local authority or along which the public has a right of passage, shall be liable on conviction to a fine not exceeding one thousand ringgit.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/40.Prohibition of laying rails, mains, pipes, etc., along streets

40. Prohibition of laying rails, mains, pipes, etc., along streets

(1) No person shall lay or carry any line of rails, mains, pipes, conduits or electric lines along, through, across, over or under any street or any place laid out or intended for a street within any local authority area without the prior written permission of the local authority which permission may be granted or not at the discretion of the local authority and upon such terms as it thinks fit.

Penalty

(2) Any person who contravenes subsection (1) shall be liable on conviction to a fine not exceeding one thousand ringgit, and the local authority may remove the lines of rails, mains, pipes, conduits or electric lines at his expense.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/41.Precautions against accident. Bars to be erected across streets during repairs and lights placed at night

41. Precautions against accident. Bars to be erected across streets during repairs and lights placed at night

(1) The local authority, any person, or any other authority, shall, while carrying out the construction or repair of any street, back-lane, sewer or drain take proper precaution against accident by shoring up and protecting the adjoining houses and causing such bars, chains or posts to be fixed across or in any street or road to prevent the passage of carriages, carts or other vehicles, while such works are carried on as to it seems proper and causing the works to be sufficiently lighted and guarded during the night.

Penalty

(2) Any person, or other authority (but not the local authority) who fails to comply with the provisions of subsection (1) shall be liable on conviction to a fine not exceeding one thousand ringgit.

(3) Any person who takes down, alters or removes any such bar, chain or post or extinguishes any such light without the authority or consent of the local authority shall be liable on conviction to a fine not exceeding one thousand ringgit.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/42.Materials not to be deposited without permission

42. Materials not to be deposited without permission

(1) No person shall deposit any building materials or make a hole in any street or back-lane without the prior written permission of the local authority.

Fencing and lighting materials or hole

(2) When such permission is granted to any person, he shall at his own expense until the materials are removed or the hole is filled up or otherwise made secure to the satisfaction of the local authority, cause such materials or such hole to be sufficiently fenced and enclosed and shall cause the area to be sufficiently lighted during the night.

Penalty

(3) Any person who deposits materials or makes a hole without such permission or having been granted permission, who fails to fence or enclose or light such materials or hole or who fails to remove such materials or fill up such hole or otherwise make it secure within such time as may be specified in the permission, 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 twenty-four hours notice in writing from the local authority to remove such materials or to fill up such hole.

(4) The local authority may itself fence, enclose and light such materials or hole and may remove such material or fill up such hole or otherwise make it secure and all costs and expenses arising therefrom shall be paid to the local authority by the defaulting person.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/43.Dangerous places to be repaired or enclosed

43. Dangerous places to be repaired or enclosed

(1) If, in the opinion of the local authority, any tank, well, hole or other place is, due to want of sufficient repair, protection or enclosure or any other cause, dangerous to the public, it shall give notice in writing to the owner thereof to repair, protect or enclose the same forthwith so as to prevent danger therefrom.

(2) Any owner who fails without reasonable cause to comply with such notice shall be liable on conviction to a fine not exceeding one thousand ringgit, and the local authority may itself repair, protect or enclose the same.

(3) All costs and expenses arising therefrom shall be paid to the local authority by the owner of the tank, well, hole or other place.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/44.Duty of owner or occupier to keep street clean

44. Duty of owner or occupier to keep street clean

(1) The owner or the occupier of any premises abutting upon any private street to which they have access or the right of access from such premises shall cause such portion of the street as abuts on his premises and up to the centre thereof including the footways, to be properly swept and cleaned so far as is reasonably practicable and the dust, dirt, ashes, rubbish and filth of every sort found thereon to be collected and removed.

Notice to owner or occupier to keep street clean

(2) The local authority may by notice in writing require any person upon whom any duty is cast under subsection (1) to sweep and clean such street and to collect and remove the dust, dirt, ashes, rubbish and filth found thereon at such time or times as may be specified in such notice.

Penalty for non-compliance

(3) Any person to whom such notice is given who fails to comply with it shall be liable without further notice to a fine not exceeding one hundred ringgit for each day during which such non-compliance continues, and the local authority may itself cause the work to be done and the owner or occupier shall pay to the local authority the cost and expense thereof.

Local authority may contract for the work

(4) The local authority may contract with any owner or occupier as aforesaid for sweeping and cleaning such street and for collecting and removing the dust, dirt, ashes and rubbish for such period as the local authority thinks fit.

(5) The amount due by the contracting persons to the local authority may be recovered in the manner hereinafter provided.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/45.Watering streets

45. Watering streets

The local authority shall, so far as it deems requisite for the public convenience, cause any street to be watered, and for that purpose the local authority may provide such works, engines and establishments as it thinks necessary.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/46.Obstruction

46. Obstruction

(1) Any person who--

(a) builds, erects, sets up or maintains or permits to be built, erected or set up or maintained any wall, fence, rail, post or any accumulation of any substance, or other obstruction, in any public place;

(b) without the prior written permission of the local authority covers over or obstructs any open drain or aqueduct along the side of any street;

(c) deposits or causes to be deposited any box, bale or package or merchandise, utensils, crockery, or other article or thing in any public place for a longer time than is necessary for loading or unloading such merchandise or article;

(d) deposits or causes to be deposited any goods, article or thing used for or in connection with his trade in any public place;

(e) deposits or causes to be deposited timber, scrap iron, derelict vehicles or any part thereof, waste materials or other article or thing in any public place;

(f) deposits or causes to be deposited garden refuse, kitchen refuse or trade refuse or any other article or thing in any public place; or

(g) causes or allows any vehicle to rest on any footway, shall be guilty of causing an obstruction and may be arrested without warrant by any police officer or any officer or employee of the local authority authorized in writing in that behalf by the local authority and taken before a Magistrate's Court and shall be liable on conviction to a fine not exceeding five hundred ringgit, and in the case of a second or subsequent conviction to a fine not exceeding one thousand ringgit.

Presumption

(2) If it is shown in any case that any article or thing has been deposited in or upon any public place in proximity to any building or land in contravention of subsection (1) it shall be presumed unless the contrary is proved that the offence was committed by or by the permission of the occupier of such building or land.

Power to remove obstruction

(3) (a)The local authority may cause any such obstruction to be removed or may itself through its servants remove the same to a suitable place, there to remain at the risk of the owner or person offending and may detain the same until the expenses of removal and detention are paid.

(b) The local authority shall certify such expenses to the owner or the person offending and the certificate of the local authority shall be conclusive proof of the sum due.

(c) Such sum shall be recoverable in the manner hereinafter provided. 

Temporary obstructions on occasions of festivals, etc.

(4) Nothing herein shall prevent the local authority from allowing any temporary erections in any public place or the temporary use of any part of a public place on occasions of festivals and ceremonies.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/47.Depositing dirt on streets, etc.

47. Depositing dirt on streets, etc.

(1) Any person who--

(a) places, deposits or throws or causes or allows to be placed, deposited or thrown any dust, dirt, paper, ash, carcase, refuse, boxes, barrels, bales or other article or thing in any public place; 

(b) keeps or leaves any article or thing whatsoever in any place where it or particles therefrom have passed or are likely to pass into any public place;

(c) dries any article of food or other article or thing in any public place;

(d) throws, places, spills or scatters any blood, brine, swill, noxious liquid or other offensive or filthy matter of any kind in such manner as to run or fall into any public place;

(e) drops, spills, or scatters any dirt, sand, earth, gravel, clay, loam, stone, grass, straw, shavings, sawdust, ashes, garden refuse, stable refuse, trade refuse, manure, garbage or any other thing or matter in any public place, whether from a moving or stationary vehicle or in any other manner;

(f) sieves, shakes, cleans, beats or otherwise agitates any lime, ashes, sand, coal, hair, waste paper, feathers or other substance in such manner that it is carried or likely to be carried by the wind to any public place;

(g) throws or leaves behind any bottle, glass, can, food container, food wrapper, particles of food or any other article or thing in any public place; shall be guilty of an offence under this section and may be arrested without warrant by any police officer or by any officer or employee of the local authority authorized in writing in that behalf by the local authority and taken before a Magistrate's Court and shall be liable on conviction to a fine not exceeding five hundred ringgit, and in the case of a second or subsequent conviction to a fine not exceeding one thousand ringgit.

(2) Any person who, during the construction, alteration or demolition of any building or erection or at any time whatsoever,

(a) deposits, drops, leaves or places, or permits or causes to be deposited, dropped, left or placed in or onto any public place, any stone, cement, earth, sand, wood or other building material, thing or substance; or

(b) fails to take reasonable precautions to prevent danger to the life, health or well-being of persons using any public place or any other person from flying dust or falling fragments or from any other material, thing or substance, shall be guilty of an offence under this section and may be arrested without warrant by any police officer or by any officer or employee of the local authority authorized in writing in that behalf by the local authority and taken before a Magistrate's Court and shall be liable on conviction to a fine not exceeding one thousand ringgit, and in the case of a second or subsequent conviction to a fine not exceeding two thousand ringgit.

(3) For the purposes of paragraph (1)(e)--

(a) where the thing or matter is dropped, spilt or scattered from a vehicle or drops or spills therefrom, the driver or person having charge or control of the vehicle shall be deemed to have committed the offence, unless the offence is committed by a person other than the driver or person having charge or control of the vehicle and the identity of the person who committed the offence can be established; and

(b) where the driver of a motor vehicle is alleged or is suspected to be guilty of the offence--

(i) the owner of the motor vehicle shall give such information as may be required by a police officer or by an officer or employee of the local authority to give as to the identity and address of the person who was driving the said motor vehicle at or about the time of the alleged offence, and such other information as such police officer or such officer or employee of the local authority may require, and if he fails to do so within seven days of the date on which the information was required from him, he shall be guilty of an offence under this section unless he proves, to the satisfaction of the Court, that he did not know and could not with reasonable diligence have ascertained the information required; and

(ii) any other person who was or should have been in charge or in control of the motor vehicle shall, if so required as aforesaid, give any information which it is in his power to give, and which may lead to the identification of the driver, and if, within seven days of the date on which the information was required from him, he fails to do so, he shall be guilty of an offence under this section.  

(4) (a)If in any case it is shown that any dust or other substance in this section mentioned has been deposited in any place in contravention of this section in close proximity to any building or land or that any such water or any offensive matter has run, drained or been thrown or put upon or into any street or drain in contravention of this section, it shall be presumed unless the contrary is proved that the offence was committed by or by the permission of the occupier of such building or land.

(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. 

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/48.Interpretation, sections 46 and 47

48. Interpretation, sections 46 and 47

For the purposes of sections 46and 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.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/49.Omitted or Deleted Section

Part III DRAINS

49. Omitted or Deleted Section

(Deleted by Act A867).

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/50.Local authority to construct and maintain drains and water-courses

50. Local authority to construct and maintain drains and water-courses

(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 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, 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 of Kuala Lumpur reference to the State Authority shall be construed as reference to the Government of the Federation.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/51.Local authority may recover cost of improving and making drains, etc

51. Local authority may recover cost of improving and making drains, etc

(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.

(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.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/52.Prohibition against building unless provision made for drains, etc., and compliance with any notice or order

52. Prohibition against building unless provision made for drains, etc., and compliance with any notice or order

(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.

(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 costs and expenses of such works shall be recoverable by the local authority in the manner hereinafter provided.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/53.Local authority to repair and alter and may discontinue surface and storm water drains, etc.

53. Local authority to repair and alter and may discontinue surface and storm water drains, etc.

(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 hereinbefore 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.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/54.Cleansing and emptying surface and storm water drains, etc.

54. Cleansing and emptying surface and storm water drains, etc.

(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 work 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.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/55.Penalty for making unauthorized drains into canal or stream

55. Penalty for making unauthorized drains into canal or stream

(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.

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.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/56.Rain-water pipes not to be used as soil-pipes

56. Rain-water pipes not to be used as soil-pipes

(1) No pipe used for the carrying off of rain water 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.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/57.Water pipes, etc., not to be used as ventilating shafts

57. Water pipes, etc., not to be used as ventilating shafts

(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.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/58.Interpretation

58. Interpretation

(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 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 a submitting person, 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 a submitting person, require such house or building to be provided with either--

(a) such number of proper and sufficient water-closets, urinals, sinks and bathrooms 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.

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.

(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 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.

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.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/59.Local authority may require removal or alteration of urinals

59. Local authority may require removal or alteration of urinals

(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.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/60.Omitted or Deleted Section

60. Omitted or Deleted Section

(Deleted by Act A867).

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/61.Ventilating pipes to sewers

61. Ventilating pipes to sewers

(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.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/62-64.Omitted or Deleted Section

62-64. Omitted or Deleted Section

(Deleted by Act A867).

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/65.Local authority may acquire land for part of back-lane

Part IV BACK-LANES

65. Local authority may acquire land for part of back-lane

(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 principal submitting person 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.

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.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/66.State Authority may order back-lanes to be laid out

66. State Authority may order back-lanes to be laid out

(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.

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.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/67.Local authority may recover cost of acquisition for and laying out or construction of back-lanes

67. Local authority may recover cost of acquisition for and laying out or construction of back-lanes

(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 of Kuala Lumpur, references to the State Authority shall be construed as references to the Government of the Federation.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/68.Declaration of back-lane as public street

68. Declaration of back-lane as public street

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.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/69.General provisions as to back-lanes

69. General provisions as to back-lanes

(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.

Unannotated Statutes of Malaysia - Principal Acts/STREET, DRAINAGE AND BUILDING ACT 1974 Act 133/STREET, DRAINAGE AND BUILDING ACT 1974 ACT 133/70.Notice of new buildings

Part V BUILDINGS

70. Notice of new 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-laws made under this Act; and

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

(3) No plans for the erection of a building shall be approved--

(a) 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 principal submitting person or submitting person 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;

(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. 

(5) The principal submitting person or submitting 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 reconsidered 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 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 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.

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 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 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 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.

(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 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 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.

(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;