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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. |
