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STREET, DRAINAGE AND BUILDING ACT 1974
ACT 133

Preamble
PART I - PRELIMANARY
1. Short title, application and commencement.
2. Savings.
3. Interpretation.
 

STREET, DRAINAGE AND BUILDING ACT 1974
ACT 133
 

Preamble

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.

[1 January 1977]

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:

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.
 

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.

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 monies for development or purchasing or partly developing and providing monies for purchasing buildings;

"dwelling-house" includes 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 abuting) 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 behalf 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 means the Commissioner of the City of Kuala Lumpur appointed under section 3 of the Federal Capital Act 1960;

"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) of this DEFINITION 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;

street'>"private street" means any street not being a public street;

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 Service 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 Governor of a State and includes in Negri Sembilan the Yang Di-pertuan Besar acting on behalf of himself and the Ruling Chiefs; and

(b) the Federal Territory, 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;

"structure 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 whosubmits plans other than building plans to the localauthority or relevant statutory authority in accordancewith this Act or any by-laws made thereunder andincludes any other qualified person who takes over theduties and responsibilities of or acts for the firstmentioned 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.

> PART I; PART II; PART III; PART V; PART VI; PART VII; PART VIII

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