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(10) For the purposes of paragraph (a) of
subsection (9), "plans and specifications" means the plans and specifications
originally approved by the local authority but does not include any amending
plans or specifications subsequently approved by the local authority in connection
therewith.
(11) Any person who makes any alteration to any building otherwise than is provided
for in this Act or by-laws made thereunder or without the prior written permission
of the local authority shall be liable on conviction to a fine not exceeding
twenty-five thousand ringgit and a Magistrate's Court shall, on the application
of the local authority, issue a mandatory order to alter the building in any
way or to demolish it.
(12) Any person who uses any building or part of a building for a purpose other
than which it was originally constructed for without the prior written permission
from the local authority shall be liable on conviction to a fine not exceeding
twenty-five thousand ringgit and shall also be liable to a further fine not
exceeding five hundred ringgit for every day during which the offence is continued
after a notice to cease using for other purpose has been served on such person.
(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 authorised by the local authority
in writing in that behalf, make a mandatory order requiring any person convicted
of an offence under the provisions of subsection (13) to alter in any way or
demolish the building.
What constitutes erecting
a building.
(16) For the purposes of this section
and of section 75 a person shall be deemed to erect a building who -
(a) begins work on the site thereof for or in respect of
a new building;
(b) adds to or alters any existing building in such a manner as to involve
-
(i) new foundations; or
(ii) new or partly new or increased superstructure or roof on existing walls
or existing foundations;
(c) converts into a dwelling-house any building not originally
constructed for human habitation;
(d) converts into more than one dwelling-house a building originally constructed
as one dwelling-house;
(e) converts to other purposes a house originally constructed as a dwelling-house;
(f) departs either before or after the completion of the building in any particular
form from any plan or specification approved by the local authority at any
time in respect of such building;
(g) infringes the provisions of this Act or any by-laws relating to buildings;
(h) renews or repairs any existing building in such a manner as to involve
a renewal, reconstruction or erection of any portion of an outer or party
wall to the extent of one storey in height whatever the material of such outer
or party wall is;
(i) demolishes and reconstructs or adds to a building in
such a manner as to involve more than -
(i) half the superficial area of walls and partitions; or
(ii) half the superficial area of floors (excluding ground floor) or roofs;
or
(j) constructs an additional storey or storeys, or renews, reconstructs or
erects an outer or party wall of the first, second or third storey counting
from the ground, to the extent of one storey in height:
Provided that, for the purposes of subsection
(2) and for the purposes of section 75 a person who executes or does any of
the works or things specified in paragraph (b) (ii), (f), (g) or (h) of this
subsection shall not be deemed to erect a building.
The expression "erection of a building"
shall be construed accordingly.
Works executed on the same building on two or more occasions within ten years
may be deemed to be one reconstruction and aggregated for purposes of this DEFINITION.
(17) (a) Where the erection of any building is commenced or carried out in respect
of any building, it shall be presumed, until proved to the contrary, to have
been commenced or carried out by the owner of the land whereon such building
is erected and he shall be liable therefor.
(b) Where a building is erected on vacant land and the person who actually erected
the building is not known or cannot be found in Malaysia, the building shall
be deemed to have been erected by the owner of such land who shall be liable
therefor.
Approval of plans.
(18) If the local authority does not, within three calendar months
from the date of the submission of any plans under subsection (2) or from the
date of the resubmission of such plans amended pursuant to subsection (5), as
the case may be, approve, disapprove or make written requisition with regard
thereto, the principal submitting person or submitting person may apply to the
State Authority, and the powers vested in the local authority under this section
shall then vest in the State Authority.
(19) Any plans, specifications, calculations,
particulars, documents or reports required to be submitted under this section
shall be prepared and certified by a principal submitting person or submitting
person and signed by the owner or his authorised agent and the principal submitting
person or submitting person.
(20) No certificate of completion and compliance
shall be issued except by a principal submitting person in accordance with the
time, manner and procedure for the issuance thereof as prescribed by this Act
or any by-laws made thereunder.
(21) Before the issuance of a certificate
of completion and compliance, it shall be the duties and responsibilities of
the principal submitting person to-
(a) supervise the erection of the building
to ensure that the erection is in conformity with the approved plans and the
requirements of the provisions of this Act or any by-laws made thereunder;
(b) ensure that the building has been duly constructed and completed in conformity
with the approved plans and the requirements of this Act or any by-laws made
thereunder and that all technical conditions imposed by the local authority
has been duly complied with;
and
(c) ensure that the building is safe and fit for occupation.
(22) Nothing contained in this Act shall affect
the powers conferred on the local authority by this Act or any by-laws made
thereunder pertaining to the erection and construction of a building for the
purpose of ensuring that the erection and construction of such building are
in conformity with the approved plans and the provisions of this Act or any
by-law made thereunder.
(23) If it appears to the local authority
that a noncompliance with the approved plans and provisions of this Act or any
by-laws made thereunder by the principal submitting person has occurred in the
erection and construction of the building, the local authority may issue to
the principal submitting person-
(a) a notice in writing, requiring compliance
within the period specified in the notice, as the local authority thinks fit,
in order that the noncompliance be rectified; and
(b) a directive in writing to withhold the issuance of the certificate of
completion and compliance until such non-compliance has been rectified.
(24) If the direction referred to in paragraph
(23)(b) is not complied with by the principal submitting person, the local authority
may itself cause any work to be executed or any measure to be taken if it considers
such work or measure is necessary to rectify the noncompliance.
(25) The cost for executing such work or taking
such measure as referred to in subsection (24) shall be borne by the owner of
the building.
(26) The amount of the costs to be so recovered
by the local authority shall be certified by the local authority and the certificate
of the local authority in this regard shall be conclusive proof of the matters
stated therein and shall not be subject to any appeal or review in any court.
(27) Any person who-
(a) is not the principal submitting
person but issues a certificate of completion and compliance;
(b) issues a certificate of completion and compliance without the relevant forms
as prescribed in any by-laws made under this Act;
(c) issues a certificate of completion and compliance in contravention of a
direction given by the local authority to withhold such issuance pending rectification
of any noncompliance;
(d) knowingly makes or produces or causes to be made any false or fraudulent
declaration, certificate, application or representation of any form prescribed
in any by-laws made under this Act;
(e) uses any forged, altered or counterfeit declaration, certificate, application
or representation of any form prescribed in any by-laws made under this Act
knowing the declaration, certificate, application or representation have been
forged, altered or counterfeited; or
(f) occupies or permits to be occupied any building or any part thereof without
a certificate of completion and compliance,
shall be liable on conviction to a fine not exceeding two hundred and fifty
thousand ringgit or to imprisonment for a term not exceeding ten years or to
both.
70A.
Earthworks.
(1) No person shall commence or carry out
or permit to be commenced or carried out any earthworks without having first
submitted to the local authority plans and specifications in respect of the
earthworks and obtained the approval of the local authority thereto.
(2) Where the earthworks are to be commenced or carried out for the purpose
of the construction of any building, street, drain, sewer, or embankment, or
for the laying of any cable or pipe, or for the purpose of any other construction
or work whatsoever, the plans and specifications relating to such construction
or work required to be submitted under this Act or any by-laws made thereunder
shall be submitted to the local authority at the same time as the plans and
specifications in respect of the earthworks.
(3) In granting the approval under subsection (1) the local authority may impose
such conditions as it deems fit.
(4) The local authority may, where it certifies that the safety of life or property
is affected or is likely to be affected by any earthworks, order the immediate
cessation of the whole or any part of the earthworks; the certificate of the
local authority under this subsection shall be conclusive proof of the matters
stated therein and shall not be questioned or be subject to any appeal or review
in any court.
(5) Without prejudice to subsection (4), the local authority may, from time
to time, give such directions as it deems fit in respect of any earthworks,
and the same shall be complied with by the person to whom such directions are
given, and where such directions are not complied with the local authority may
order the cessation of the whole or any part of the earthworks.
(6) Notwithstanding subsections (4) and (5), the local authority may itself
cause any work to be executed or any measure to be taken if it considers such
work or measure necessary, and such work or measure may be in addition to or
in place of anything required to be done under any direction or order given
under subsection (4) or (5).
(7) Where cessation of the earthworks has been ordered under this section, the
local authority may permit the resumption thereof subject to compliance with
such directions or conditions as may be specified by the local authority.
(8) The local authority or any person authorised by it or on its behalf may
enter upon any land, building or premises at any hour of the day or night without
notice to the owner or occupier thereof for the purpose of executing any work
under this section or for carrying out any inspection for the purpose of this
section.
(9) Any person who contravenes any provision of this section or fails to comply
with any direction or order given under this section or does any act to obstruct
in any manner whatsoever the entry or the execution of any work authorised to
be effected or executed under this section by or on behalf of the local authority
shall upon conviction be guilty of an offence and shall be liable to imprisonment
for a term not exceeding five years or to a fine not exceeding fifty thousand
ringgit or to both, and in the case of a continuing offence to a fine which
may extend to five hundred ringgit for every day during which the offence is
continued.
(10) Where a person has been convicted of an offence under subsection (9) the
local authority may revoke the approval of the plans and specifications given
under subsection (1), and the person carrying out the earthworks shall upon
receipt of the notice of such revocation forthwith cease the whole of the earthworks.
(11) Where cessation of the earthworks has been ordered under subsection (4)
or (5) or is required to be effected under subsection (10) and the order or
requirement is not complied with, the local authority may summarily eject any
person or remove any equipment, vehicle, machinery or any article whatsoever
from the site of the earthworks to secure the cessation of the earthworks and
for this purpose may seek the assistance of the police.
(12) Where the local authority exercises its powers under subsection (6), (11)
or (16), it may recover any expenses and costs incurred by it from the owner
of the land on which the earthworks were carried out in the same manner as provided
for the recovery of rates; the amount of the costs and expenses to be so recovered
by the local authority shall be certified by the local authority and the certificate
of the local authority in this regard shall be conclusive proof of the matters
stated therein and shall not be subject to any appeal or review in any court.
(13) The provisions of this section shall not apply to earthworks commenced
or carried out by or on behalf of the Government of Malaysia or a State Government.
(14) Where any earthworks are commenced or carried out, the owner of the land
on which such earthworks are commenced or carried out shall be deemed to have
permitted such earthworks to be commenced or carried out.
(15) The local authority or any person authorised by it or on its behalf shall
not be subject to any action, claim, liabilities or demand whatsoever arising
out of the exercise of any of the powers conferred on the local authority under
this section or under any by-laws made thereunder.
(16) If any public street or any part thereof, or any building, or any structure,
or any other property whatsoever belonging to the Government of Malaysia or
any State Government or to the local authority is injured by or in consequence
of any earthworks on any land, the local authority may repair and make good
the damage done.
(17) The local authority may make
by-laws -
(a) in respect of earthworks;
(b) to provide for plans and specifications in respect of earthworks;
(c) the submission of plans, specifications, particulars, documents and reports
relating to earthworks, the submitting persons and their duties and responsibilities,
and the form and nature or classification of such plans, specifications, particulars,
documents and reports and the fees therefor;
(d) to provide for the punishment for offences under the by-laws made under
this section not exceeding a fine of two thousand ringgit and, in the case
of a continuing offence, not exceeding a fine of one hundred ringgit for each
day the offence is continued;
(e) to provide for exemption from all or any of the provisions of this section
in respect of earthworks of a minor or temporary character; and
(f) generally to give effect to the objects and purposes of this section.
(18) In this section and in any by-laws made
thereunder the word "earthworks" includes any act of excavation, levelling,
filling with any material, piling, the construction of foundations, or felling
of trees, on any land, or any other act of dealing with or disturbing any land.
70B. Order to review safety and stability in the course of erection
of building.
(1) Where there are changes to the topography,
features to the land or the surrounding area brought about by the erection of
building or natural causes which are not in conformity with any approved plan
in relation thereto, the local authority may carry out a visual inspection.
(2) Where the local authority reasonably suspects there is a defect, deformation
or deterioration in the structure of a building under erection which may likely
result in the failure of the building, the local authority may issue to the
owner of the building an order to review the safety and stability of -
(a) the building;
(b) the foundation of the building; and
(c) the surroundings on which the erection of building is in progress.
(3) The review shall be undertaken by a qualified
person other than the submitting persons who prepared and certified the plans,
calculations, particulars, documents or reports submitted to the local authority
before the commencement of erection of building.
(4) The report of the review shall be submitted to the local authority within
the period specified by the local authority.
(5) The local authority may, after evaluating the report of the review -
(a) certify that the safety of life or property is affected
or is likely to be affected by the erection of building; and
(b) serve a notice in writing to the owner of the building of its intention
to issue an order for cessation of the erection of building.
(6) The local authority shall inform the owner
of the building of his right to object to its intention to issue an order for
cessation of the erection of building, within fourteen days from the date of
service of the notice in subsection (5) (b), and if no objections are received
within the period the order for cessation shall be issued with immediate effect.
(7) If objections are received under subsection (6) the local authority shall,
as soon as possible after the expiry of the period within which objections may
be made, hear any person who has lodged an objection and thereafter decide whether
-
(a) an order for cessation of the erection of building shall
be issued; or
(b) directions under subsection (8) shall be given.
(8) Without prejudice to its power under subsection
(5) the local authority may, after evaluating the report of the review, give
to any person written directions including the submission of a fresh or an amended
plan in respect of the following -
(a) the stabilisation of slope;
(b) the provision of additional drainage facilities;
(c) the strengthening of existing retaining walls and the construction of
new walls;
(d) the provision of other additional features to support existing construction
works; and
(e) such other matter as the local authority considers necessary,
for the purpose of remedying any defect, deformation
or deterioration in the structure of the building, removing any danger to life
or property and ensuring safety and stability of the building, its foundation
and surroundings and such directions shall be complied with within the period
specified therein.
(9) Where the directions given under subsection
(8) are not complied with, the local authority may order the cessation of the
whole or any part of the erection of building.
(10) Where an order for cessation of the erection of building made under -
(a) subsection (6);
(b) subsection (7) (a); or
(c) subsection (9), whether in whole or in part,
is not complied with, the local authority
may summarily eject any person or remove any equipment, vehicle, machinery or
article from the site where the building is being erected to secure the cessation
of the erection of building and for this purpose may seek the assistance of
the police.
(11) Notwithstanding subsections (8), (9) and (10) the local authority may execute
any work, take any measure or demolish a building under erection -
(a) if it considers such work, measure or demolition necessary
to prevent an imminent danger to life or property; or
(b) in the case of non-compliance with any directions given under subsection
(8),
and such work, measure or demolition
may be in addition to or in place of anything required to be done under such
directions and the local authority may recover all expenses reasonably incurred
by it in doing so from the owner of the building.
(12) The local authority or any
person authorised by it or on its behalf may enter the site of a building under
erection and the building under erection at any time without notice to the owner
thereof to carry out an inspection or for any other purposes under this section.
(13) Where -
(a) the cessation of the erection of building -
(i) has been ordered under subsection (6), (7) (a) or
(9), as the case may be; or
(ii) has been secured under subsection (10);
(b) the directions given under subsection (8) have been
complied with; or
(c) any remedial work has been executed or measure has been taken under subsection
(11),
the local authority may allow the resumption
of the erection of building subject to compliance with such directions and conditions
as it may specify.
(14) The local authority may, without prejudice to its right to recover the
expenses under section 104, refuse to allow the resumption of the erection of
building under subsection (13) until all expenses reasonably incurred by it
in securing the cessation of the erection of building, executing the work or
taking the measure have been reimbursed by the owner of the building.
(15) Any person who -
(a) fails to comply with any order, direction
or condition given under this section; or
(b) does any act to obstruct in any manner whatsoever the local authority
or any person authorised by it or on its behalf in the execution of its or
his powers under this section,
shall be liable on conviction to a fine not
exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding
five years or to both, and shall also be liable to a further fine not exceeding
five hundred ringgit for every day during which the offence is continued after
conviction.
70C. Revocation of approval of any plan, specification and permission.
Where a person has been convicted for an offence
under section 70B (15), the local authority may revoke the approval of any plan
and specification and permission given under this Act and he shall, upon receipt
of the notice of such revocation, forthwith cease the whole of the erection
building.
70D. Inspection of erection of building at any stage and taking
of sample for analysis.
(1) Nothing contained in this Act shall prevent
the local authority or any person authorised by it or on its behalf from -
(a) inspecting any erection of building at any stage;
(b) giving a notice in writing of any deviation from the approved plan or
specification or non-compliance with any provision of this Act which it or
he may observe; and
(c) ordering such deviation or non-compliance to be rectified.
(2) The local authority or any person authorised
by it or on its behalf may, if its or his duties so require, take reasonable
samples of any building material for analysis as it or he considers necessary,
and such sample may be disposed off in such manner as it or he may direct.
(3) No payment shall be made for any sample taken under subsection (2) but a
receipt for any such sample shall be given.
71. Penalty for failure of building or earthworks.
Where any building or part of a building fails,
whether in the course of construction or after completion, or where there is
any failure in relation to any earthworks or part of any earthworks, whether
in the course of the carrying out of the earthworks or after completion thereof,
and the cause of such failure is due to any one or more of the following factors
-
(a) misconstruction or lack of proper supervision during
construction;
(b) misdesign or miscalculation; or
(c) misuse,
of such building or part of such building, or
of such earthworks or part of such earthworks, the person responsible for -
(aa) such misconstruction or such lack of proper supervision;
(bb) such misdesign or miscalculation; or
(cc) such misuse,
shall be liable on conviction to a fine not
exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding
ten years or to both.
72. Demolition or removal of unauthorised building.
(1) Where the local authority is satisfied
that a building has been erected or is in the course of erection or is about
to be erected in contravention of section 70 or, if such building has been erected
prior to the coming into force of this Act, in contravention of any law then
in force relating to buildings and in respect of which building approval under
any law was not given subsequently, the local authority may by notice served
on the owner of the land require him to do any one or more of the following
acts -
(a) to abstain from commencing or proceeding with the erection
of such building;
(b) to demolish such building within such time as the local authority may
specify; and
(c) to take steps as may be ordered by the local authority.
(2) Where the owner is unable to demolish
such building within the time specified in the notice, the owner may request
the local authority to carry out the requirements of the notice.
(3) No request by the owner made under subsection (2) shall absolve the owner
from his liability under this section unless he makes the request within the
time specified for him to demolish such building and unless within the same
period of time he -
(a) deposits with the local authority such sum which the
local authority thinks is sufficient to cover the costs and expenses of -
(i) demolishing such building;
(ii) removal of any movable property found in such building;
(iii) storage of such movable property; and
(iv) any other activities incidental to or arising out of subparagraphs
(i), (ii) and (iii);
(b) indemnifies and keeps indemnified the local authority
against any claim, damage, loss, action or proceedings that may be brought
against the local authority arising out of and incidental to subparagraphs
(i), (ii), (iii) and (iv); and
(c) notwithstanding any sum paid under paragraph (a), pays the local authority
a further sum which may be prescribed by the State Authority, for relocation
purposes.
(4) Any person who fails to comply with the
requirements of the notice shall be guilty of an offence and shall be liable
on conviction to a fine not exceeding two hundred and fifty ringgit for every
day that the offence is continued after expiry of the period specified in the
notice.
(5) Where the owner fails to comply with the requirements of the notice, the
local authority may do any or all of the acts required by the notice and notwithstanding
the owner's liability to pay any fine under subsection (4), the owner shall
pay such sums to the local authority as may be required under subsection (3)
and shall be deemed to have indemnified the local authority in carrying out
the terms of the notice as if he had requested the local authority to do so.
Notice before demolition.
(6) Where the building is to be demolished by the local authority, it shall
give at least thirty days notice to the occupants of the building requiring
them to vacate the building and the local authority may after the lapse of the
period enter the building and remove any person or movable property found therein.
(7) Any movable property removed pursuant to subsection (6) may be taken to
a suitable place and there to remain at the risk of the owner and may within
a period of one month from the date of the removal be claimed by any person
who furnishes evidence to the satisfaction of the local authority that he is
the owner and if there be no claim shall be disposed of in the manner specified
in section 116.
(8) A certificate by the local authority stating the sum required to be paid
by the owner under subsection (2) and (5) shall be conclusive proof of the sums
due and shall not be subject to any appeal or review in any court.
73. Penalty for letting out and sale of unauthorised building.
(1) Any person who is not the owner of the
premises and who sells or enters into an agreement to sell a building which
has been erected or is in the course of erection in contravention of section
70 shall be guilty of an offence under this Act and shall on conviction be liable
to imprisonment for a term which shall not exceed two years or to a fine not
exceeding ten thousand ringgit or to both such imprisonment and fine.
(2) Any person who erects or causes to be erected any building in contravention
of section 70 shall, if such building is subsequently sold or agreed to be sold,
be guilty of an offence under this Act and shall on conviction be liable to
imprisonment for a term which shall not exceed two years and shall also be liable
to a fine not exceeding ten thousand ringgit.
(3) Any person who lets or enters into an agreement to let an unauthorised building
for rent or any other consideration shall be guilty of an offence under this
Act and shall be liable on conviction to a fine which shall not exceed one thousand
ringgit.
(4) The court before which a person is convicted for an offence under subsection
(1) or (2) may also order such person to refund the purchase money for the building
to the purchaser together with such compensation as the court deems fit.
74. Modification or waiver of by-laws.
(1) The local authority may on receipt of an
application in relation to any particular building or structure, and provided
it is satisfied that such waiver or modification as hereinafter mentioned will
not render the building or structure unsafe, modify or waive, upon and subject
to such terms and conditions as it thinks fit, any of the requirements of any
by-laws relating to the construction of buildings.
(2) Any such application shall be made in writing to the local authority by
or on behalf of the owner of the particular building or structure or of the
particular part of such building or structure to which such application relates
and shall state the nature and extent of and reasons for the proposed modification
or waiver of such requirement and shall be accompanied by such plans, sections,
elevations and particulars as may be required.
Rights of owners of adjoining premises.
(3) If it appears to the local authority on receipt of any such application
that the owner of any adjoining premises should be consulted the local authority
shall serve upon such owner notice of the application informing him to make
representations to the local authority within a specified period.
(4) The local authority shall take into consideration the representation of
any owners of adjoining premises and where the local authority decides to allow
modification or waiver against the representations of any such owner, it shall
submit its decision to the State Authority.
(5) Unless the decision of the local authority is reversed or modified by the
State Authority within thirty days of its submission, the decision of the local
authority shall be deemed to be confirmed.
75. Land to be set apart for back-lane.
(1) The local authority shall not approve any
plan submitted pursuant to section 70 relating to a building unless -
(a) a back-lane if required by the local
authority of such width not exceeding forty feet as may at the discretion
of the local authority be required, is shown on the plan, or vacant land is
shown on the plan to be set apart or acquired for a back-lane of such width
as aforesaid, and owner reimburses the local authority for any moneys at any
time paid for the acquisition by any means for the portion of such back-lane
or such vacant land to the centre thereof which abuts on the holding in respect
of which the plan is submitted to the extent to which it so abuts; or
(b) the owner sets apart a vacant strip
of his land sufficient, with or without other land previously so set apart
or acquired, to form a backlane or part of a back-lane of such width not exceeding
forty feet as is required by the local authority:
Provided that where the owner sets apart a vacant
strip of his land sufficient to form not less than one-half the width of that
part of the back-lane which abuts on his land, the local authority may in its
discretion in a particular case approve such plan.
Situation of Back-Lane
(2) The back-lane shall, where the local authority so requires, be situated
so as to conform with such line as is laid down therefor by the local authority
and so as to communicate at each end thereof with the land set apart or to be
set apart for a back-lane by, or acquired or to be acquired from, the owners
of the properties on each side thereof, and when completed the same shall, wherever
possible, open upon public streets at both ends, and shall in all cases be free
from obstruction throughout.
Non-approval of plan where building site
does not abut on land available for a back-lane.
(3) Where upon the submission of a plan relating to a building for the approval
of the local authority it appears that the site thereof does not abut upon any
land so situate as to be capable of being set apart for a back-lane in conformity
with the line laid down therefor by the local authority, the local authority
may refuse to approve the plan until the land situate between the site of the
building and the line of the back-lane or intended back-lane immediately opposite
such site has been added to the holding in respect whereof the plan has been
submitted and the portion of the intended back-lane which abuts on such site
so added to has been set apart or acquired for a back-lane and the owner has
reimbursed the local authority in the manner and to the extent provided in subsection
(1) (a) and the other provisions of that subsection have been complied with.
Acquisition of land between building
site and line of back-lane.
(4) Where in any such case as is referred to in subsection (3) the owner requests
the local authority in writing to have the land situate between the site of
the building and the line of the back-lane or intended back-lane immediately
opposite such site and, if requisite, that portion of the intended back-lane
which abuts on such site when added to in the manner described in subsection
(3) acquired, the local authority shall request the State Authority to acquire
such land and such portion of the intended back-lane for the purpose of the
same respectively being added to the holding in respect whereof the plan has
been submitted and forming part of the back-lane and shall notify the owner
accordingly.
(5) For the purpose of subsection (4), in relation to the Federal Territory
reference to the State Authority shall be construed as reference to the Government
of the Federation.
76.
Prohibition of building on insanitary ground.
(1) No new building shall be erected on any
ground which has been filled up with any matter impregnated with faecal, animal
or vegetable matter or upon which any such matter has been deposited unless
and until such matter has been properly removed by excavation or otherwise or
has been rendered or become innocuous.
Penalty.
(2) Any person who does, causes or wilfully permits any act in contravention
of this section shall be liable on conviction to a fine not exceeding five hundred
ringgit and shall also be liable to a further fine not exceeding one hundred
ringgit for every day during which the offence is continued after conviction.
77. Buildings over public sewers, etc., not to be erected without
consent of local authority.
No building shall be erected over any public
sewer, private connection pipe, public surface or storm water drain, culvert,
water-course, river or stream or any water main, electric cable or wire without
the prior written permission of the local authority or the controlling statutory
authority concerned as the case may be.
78. Removal of roofs and walls made of combustible materials.
(1) Any person who, being the owner of any
building which external roof is or walls are made of grass, leaves, mats, attaps
or other combustible materials and which is less than twenty-five feet from
any other building separately occupied or from any street, does not remove such
roof or walls, as the case may be, within ninety days after a notice to do so
has been served on him, shall be liable on conviction to a fine not exceeding
one hundred ringgit for every day during which such default continues after
service of notice.
Renewal or repairing with combustible materials.
(2) Any person who after service of such notice
issued under subsection (1) makes, renews or repairs any building with any combustible
materials as are mentioned in subsection (1) or causes any such building to
be so made, renewed or repaired shall be liable on conviction to a fine not
exceeding five hundred ringgit and shall also be liable to a further fine not
exceeding one hundred ringgit for every day he suffers or allows the same to
remain after conviction, and a Magistrate's Court shall, on the application
of the local authority, make a mandatory order requiring the building to be
pulled down.
79. Erection of compartments, galleries, lofts, etc., in buildings.
(1) No person shall erect or cause or permit
to be erected in any building any partition, compartment, gallery, loft, roof,
ceiling or other structure without having the prior written permission of the
local authority.
(2) In every such case the owner shall be presumed until proved to the contrary
to have commenced or carried out such erection.
Local authority may remove.
(3) The local authority, its agents or servants may enter any
such building and remove any partition, compartment, gallery, loft, ceiling
or other structure which has been erected without the prior written permission
of the local authority in which event the person in default or if the person
in default is unknown or untraceable or even if traceable is unable to pay the
expenses incurred, the owner shall pay to the local authority the costs and
expenses of -
(i) demolishing such structure;
(ii) removal of the movable property found in the building at a rate which
may be prescribed by the local authority for every trip made by wagon or transporting
vehicle for the purpose of the removal and storage;
(iii) storing the movable property at a rate which may be prescribed by the
local authority if it is not claimed on the day the movable property is removed;
(iv) any other activities incidental to or arising out of paragraphs (i),
(ii) and (iii);
and shall be deemed to have indemnified the
local authority against any claim, damage, loss, action or proceeding that may
be brought against the local authority including any cost and expenses arising
out of and incidental to paragraphs (i), (ii), (iii) and (iv).
(4) Without prejudice to subsection (3) any
person who contravenes subsection (1) shall be liable on conviction to a fine
not exceeding five hundred ringgit and shall also be liable to a further fine
not exceeding one hundred ringgit for every day during which the offence is
continued after conviction.
80. Movable shed not to be erected without permission.
Any person who erects or causes or permits
to be erected, keeps or permits to be kept on his land or the land which he
occupies any movable shed or movable structure intended to act as a roof without
the prior written permission of the local authority shall be guilty of an offence
and shall on conviction be liable to a fine of one thousand ringgit and the
Magistrate's Court shall on application of the local authority, make a mandatory
order requiring such person to remove such movable shed or structure.
81. Local authority may cause drains to be made for premises
which are not properly drained.
(1) If any premises is at any time not drained
of waters other than sewage to the satisfaction of the local authority by a
sufficient drain or pipe communicating with some drain or some other place at
which the local authority is empowered to drain waters other than sewage, and
if there are such means of drainage within one hundred feet of the boundary
of such premises, the local authority may give a notice in writing requiring
the owner thereof to construct or lay for such premises a drain or pipe of such
materials, of such size, at such level and with such fall as it may specify
for the draining of such premises.
(2) If the owner fails to comply with such
notice within thirty days from the date thereof, a Magistrate's Court shall,
on the application of the local authority, make a mandatory order requiring
the owner to construct or lay such drain or pipe, or the local authority may
carry out such works and the expenses incurred by the local authority in respect
thereof if not forthwith paid by the owner, shall be recoverable in the manner
hereinafter provided.
82. Hoardings to be set up during building operations.
(1) No person intending to build or take down
any building or to alter or repair the outward part of any building, shall do
so without the prior written permission of the local authority and without causing
sufficient hoardings or fences to be put up in order to separate the building
where such works are being carried on from any street or footway.
(2) Where permission has been granted to any
person to do any of the works stated in subsection (1), such person shall -
(a) maintain such hoardings or fences as are required in
subsection (1) in good condition and to the satisfaction of the local authority;
(b) cause such hoardings or fences to be well lighted at night; and
(c) remove such hoardings or fences or any scaffolding used in such works
within such time as may be specified by the local authority.
Penalty.
(3) Any such person who contravenes subsections (1) and (2) shall be liable
on conviction to a fine not exceeding two thousand ringgit and shall also be
liable to a further fine not exceeding one hundred ringgit for every day during
which the offence is continued after a notice requiring him to comply with any
of the provisions in subsection (1) or (2) has been served on him.
Proviso.
(4) Where the local authority considers the use of a hoarding unnecessary or
impracticable, it may give written permission that such building, taking down,
alteration or repairs may be done without the erection of a hoarding or fence.
83. Powers as regards buildings in ruinous and dangerous state.
(1) If after conducting such inquiry as it
thinks fit, the local authority is satisfied that any building or anything affixed
thereon is in a ruinous state, likely to fall or is in any way dangerous to
any person therein or foot passengers on the streets adjoining such building,
the local authority shall serve notice on the owner of such building requiring
him to either repair the defects or demolish the building or anything affixed
thereon within such period of time as the local authority may specify and the
local authority may also require such owner to put up such hoardings or fences
of such specifications and within such period of time as it may specify.
(2) Notwithstanding any notice under subsection (1), if the local authority
is satisfied that it is dangerous for any person to remain or reside inside
such building, it may by notice require every occupier of and every lodger in
such building to vacate the building within such period of time as it may specify.
(3) If upon service of the notice the owner desires to repair, he shall not
proceed to do so unless he has obtained planning approval to do so from the
relevant authority in charge of town and country planning in the area where
his building is situate.
(4) Where planning approval has been granted, the owner shall not proceed to
repair unless he has submitted such plans and specifications showing the intended
repairs and until such plans and specifications have been approved by the local
authority.
(5) Where the owner fails to put up hoardings or fences within the period of
time specified in the notice or fails to put up hoardings or fences in accordance
with the specifications of the local authority, the local authority may enter
upon such premises where the building is situate and put up such hoardings or
fences.
(6) Where the owner is unable to demolish such building within the time specified
in the notice, the owner may request the local authority to carry out the requirement
of the notice.
(7) No request by the owner made under subsection (6) shall absolve the owner
from his liability under this section unless he makes the request within the
time specified for him to demolish such building and unless within the same
period of time he -
(a) deposits with the local authority such sum which the
local authority thinks is sufficient to cover the costs and expenses of -
(i) demolishing such building;
(ii) removal of any movable property found in such building;
(iii) storage of such movable property; and
(iv) any other activities incidental to or arising out of subparagraphs
(i), (ii) and (iii);
(b) indemnifies and keeps indemnified the
local authority against any claim, damage, loss, action or proceedings that
may be brought against the local authority arising out of and incidental to
subparagraphs (i), (ii), (iii) and (iv); and
(c) notwithstanding any sum paid under paragraph (a), pays the local authority
a further sum which may be prescribed by the State Authority for relocation
purposes.
(8) Any person who fails to comply with any
of the requirements of the notice under subsection (1) or (2) shall be liable
on conviction to a fine not exceeding two hundred and fifty ringgit for every
day that the offence is continued after the expiry of the period specified in
the notice.
(9) Where the owner fails to comply with the requirements of the notice, the
local authority may do any or all of the acts required by the notice and notwithstanding
the owner's liability to pay any fine under subsection (8), the owner shall
pay such sums to the local authority as may be required under subsection (7)
and shall be deemed to have indemnified the local authority in carrying out
the terms of the notice as if he had requested the local authority to do so.
(10) A certificate by the local authority stating the sum required to be paid
by the owner under subsections (5) and (9) shall be conclusive proof of the
sums due and shall not be subject to any appeal or review in any court.
84. Power to shut up and secure deserted buildings.
(1) If any building or land, by reason of
abandonment or disputed ownership or other cause, remains untenanted and thereby
becomes liable to be a resort of idle and disorderly persons or otherwise becomes
a public nuisance and is complained of by any two or more of the neighbours
or by a police officer not below the rank of Assistant Superintendent or by
the Health Officer, the local authority, after due inquiry may cause notice
in writing to be given to the owner or the person claiming to be the owner,
if he is known and resident in Malaysia, or, if he is not known or so resident,
may cause such notice to be put on the door of the building or some conspicuous
part of the premises, requiring the persons concerned therewith, wherever they
may be, to secure and enclose the same or to abate the nuisance within such
period of time as it may specify.
(2) Any person who fails to comply with the
requirements of the notice shall be liable on conviction to a fine not exceeding
two hundred and fifty ringgit for every day that the offence is continued after
the expiry of the period specified in the notice.
(3) Where the owner fails to comply with the requirements of the notice the
local authority may do any or all of the acts required by the notice and the
cost and expense of doing such work shall be recoverable by the local authority
from the owner.
85. Building to which public has access.
(1) The owner or the occupier of any building
or any part thereof to which the public has access shall -
(a) regularly
clean and keep clean and in good repair such building or part thereof; and
(b) keep such
building or part thereof free of any condition which may endanger the life
or health of his employees, members of the public and other users thereof.
(2) Where, in the opinion of the local authority,
the owner or the occupier of any such building or part thereof fails to comply
with subsection (1) (a) or (b), the local authority may, by notice
in writing, require such owner or occupier within such period as may be specified
therein to take such steps as the local authority deems fit.
(3) Any person who contravenes subsection
(1) or refuses, neglects or fails to comply within such period as may be specified
in any notice issued by the local authority under subsection (2), shall be liable
on conviction to a fine not exceeding two thousand ringgit and shall also be
liable to a further fine not exceeding two hundred ringgit for every day during
which the offence is continued after expiry of the period specified in the notice.
(4) Where any person who has been served with
a notice under subsection (2) fails to comply therewith, the local authority
may in its discretion, and without prejudice to any proceedings under subsection
(3) and whether before or after the commencement or conclusion of such proceedings,
carry out all or any of the requirements set out in such notice and recover
from such person the cost and expenses thereof.
(5) The local authority may certify such cost
and expenses incurred and the certificate of the local authority shall be conclusive
proof of the sum due and shall not be subject to any appeal or review in any
court.
85A. Periodical inspection of buildings.
(1) In this section -
"engineer" means a Professional Engineer registered
under the Registration of Engineers Act 1967;
"owner"
means owner of a building and in relation to a subdivided building includes
owners of parcels of the building.
(2) This section shall apply only to a building
exceeding five storeys and any storey of a building which is or at a level lower
than the ground storey shall be deemed to be a storey.
(3) The local authority may, without prejudice to its powers under section 83,
by a notice in writing served on the owner of a building, require the building
to be inspected -
(a) after the tenth year commencing from the date the certificate
of completion and compliance in respect of the building was issued; and
(b) thereafter at intervals of not more than ten years from the date of the
completion of the last inspection of the building under this section.
(4) The owner of a building shall, upon receipt
of a notice under subsection (3), cause the building to be inspected within
the time specified in the notice by an engineer to be appointed by him.
(5) If the notice under subsection (3) is not complied with the local authority
may inspect the building or cause the building to be inspected by an engineer
appointed by it and recover all expenses reasonably incurred by it in doing
so from the owner of the building.
(6) An engineer carrying out an inspection under this section shall inspect
the building in the manner prescribed in the by-laws which shall take into consideration
the following -
(a) a visual inspection of the building,
including a visual survey of the condition of the building and its structural
elements and any addition or alteration to the building and its structural
elements;
(b) the preparation and submission to the local authority of a report of the
result of the visual inspection;
(c) if, after having considered the results of the visual inspection, the
engineer reasonably suspects or is of the opinion that there is a defect,
deformation or deterioration in the building or its structural elements as
will or will likely endanger or reduce the structural stability or integrity
of any part of the building he shall request for permission from the local
authority to carry out a full structural investigation on the building including
investigation in respect of its structural elements;
(d) if the local authority allows the request made under paragraph (c) the
engineer shall carry out a full structural investigation which shall include
the following -
(i) taking all reasonable steps in obtaining
information relating to the design, erection, maintenance and history of
the building;
(ii) checking with reasonable diligence the structural plans of the building
together with its structural calculations, or if the plans or calculations
are not available to reconstruct such plans and calculations where the local
authority so requires, with a view to determine any inadequacy in the structural
elements of the building;
(iii) carrying out tests on the structural elements of the building without
damaging any part thereof,
(iv) carrying out tests on the building materials; and
(v) carrying out load testing of such parts of the building as the engineer
considers necessary; and
(e) the engineer shall thereafter prepare and submit to
the local authority a report of the full structural investigation and his
recommendations.
(7) An engineer carrying out an inspection
or a full structural investigation on a building shall be entitled at all reasonable
times to full and free access to the building and any part thereof he is required
to inspect or investigate and any person who hinders, obstructs or delays him
in the performance of his duty shall be guilty of an offence.
(8) Without prejudice to the right of the local authority to exercise its powers
and recover expenses under this section, any owner of a building who contravenes
or fails to comply with a notice under subsection (3) shall be guilty of an
offence.
(9) The State Authority may by order, in the Gazette, provide for the application
of this section with such adaptations or modifications as may be specified therein
to buildings in respect of which no certificate of completion and compliance
has been issued.
(10) The local authority may, if it is satisfied after evaluating the visual
inspection report submitted under subsection (6) (b) or the full structural
investigation report and recommendations of the engineer submitted under subsection
(6) (e), as the case may be -
(a) accept it in full;
(b) reject it;
(c) accept part of it; or
(d) obtain a second opinion on it.
(11) The local authority may thereafter -
(a) issue an order to the owner of the building to take
the necessary measures to rectify or remedy any defect, deformation or deterioration
as recommended by the engineer within such period as the local authority may
specify; or
(b) in place of an inquiry under section 83, issue an order to the owner of
the building for closure and demolition of the building.
(12) Before exercising its powers under subsection
(11), the local authority shall, if it is reasonably practicable to do so, serve
a copy of the order made thereunder to every occupier of the building.
(13) Any person who fails to comply with an order given under subsection (11)
shall be liable on conviction to a fine not exceeding one hundred thousand ringgit
or to imprisonment for a term not exceeding five years or to both and shall
also be liable to a further fine not exceeding five hundred ringgit for every
day during which the offence is continued after conviction.
(14) Notwithstanding subsection (13), where the owner of a building fails to
comply with an order issued under subsection (11), the local authority may take
any measure as specified in the said order or secure the closure and demolition
of the building and recover from the owner expenses reasonably incurred by it
in relation thereto.
86. Nuisances liable to be dealt with summarily under this Act.For the purposes of sections 87, 88, 89 and
90 -
(a) any premises or part thereof of such
a construction or in such a state as to be a nuisance or injurious or dangerous
to health;
(b) any pool, gutter, water-course, cistern, water closet, water sealed latrine,
privy, urinal, septic tank, sewer or drain so foul or in such a state or so
situate as to be a nuisance or injurious or dangerous to health;
(c) any building which -
(i) is not kept in a clean state and free
from effluvia arising from any sewer, drain, privy, water sealed latrine,
septic tank, urinal or other nuisance; or
(ii) is not ventilated in such a manner as to render harmless as far as
practicable any gases, vapours, dust or other impurities generated in the
course of the work carried on therein that are a nuisance or injurious or
dangerous to health;
(d) any huts or sheds, whether used as dwellings or as stables
or for any other purpose, which are by reason of the manner in which the huts
or sheds are crowded together or the want of drainage or the impracticability
of scavenging or for any other reason a nuisance or injurious or dangerous
to health;
(e) any brick-field, sandpit or any other kind of excavation which is injurious
to health or offensive to the neighbourhood or used for any purpose likely
to be injurious to health;
shall be a nuisance liable to be dealt with
summarily in accordance with sections 87, 88, 89 and 90.
87. Notice requiring abatement of nuisance.
(1) On receipt of any information respecting
the existence of a nuisance liable to be dealt with summarily under this Act,
the local authority shall, if satisfied of the existence of a nuisance, serve
a notice on the person by whose act, default or sufferance the nuisance arises
or continues or, if such person cannot be found, on the occupier or owner of
the premises on which the nuisance arises, requiring him to abate the same within
the time specified in the notice and to execute such works and do such things
as are necessary for that purpose and, if the local authority thinks it desirable,
specifying any works to be executed.
Power to require works to be executed.
(2) The local authority may also by the same or another notice served on such
occupier, owner or person require him to do what is necessary for preventing
the recurrence of the nuisance and, if the local authority thinks it desirable,
specify any works to be executed for that purpose, and may serve that notice
notwithstanding that the nuisance had for the time being abated if the local
authority considers that it is likely to recur on the same premises.
(3) Where the nuisance arises from any want or defect of a structural character
or where the premises are unoccupied, the notice shall be served on the owner.
(4) Where the person causing the nuisance cannot be found and it is clear that
the nuisance does not arise or continue by the act, default or sufferance of
the occupier or owner of the premises, the local authority may cause the same
to be abated and may do what is necessary to prevent the recurrence thereof.
(5) Where a notice has been served on a person under this section and either
-
(a) the nuisance arose from the wilful act or default
of the said person; or
(b) such person makes default in complying with any of the requirements
of the notice within the time specified;
he shall be liable on conviction to a fine
not exceeding five hundred ringgit for each offence whether any such nuisance
order as in this Act mentioned is or is not made upon him.
88. On non-compliance with notice, nuisance order to be made.(1) If either -
(a) the person on whom notice to abate
a nuisance has been served as aforesaid makes default in complying with
any of the requisitions thereof within the time specified; or
(b) the nuisance, although abated since the service of the notice, is in
the opinion of the local authority likely to recur on the same premises;
on complaint by the local authority a Magistrate's
Court hearing the complaint may make on such person a summary order, in this
Act referred to as a "nuisance order".
Nuisance order.
(2) A nuisance order may be an abetment order or a prohibition order or a closing
order or a combination of such orders.
Abatement order.
(3) An abatement order may require a person to comply with all or any of the
requisitions of the notice, or otherwise to abate the nuisance within a time
specified in the order.
Prohibition order.
(4) A prohibition order may prohibit the recurrence of a nuisance.
When to specify works to be executed.
(5) An abatement order or prohibition order shall, if the person on whom the
order is made so requires or the court considers it desirable, specify the works
to be executed by such person for the purpose of abating or preventing the recurrence
of the nuisance.
Closing order.
(6) A closing order may prohibit a dwelling-house from being used for human
habitation.When to be made.
(7) A closing order shall only be made where it is proved to the satisfaction
of the court that by reason of a nuisance a dwellinghouse is unfit for human
habitation, and, if such proof is given, the court shall make a closing order
and may impose a fine not exceeding one thousand ringgit.
Provided that a closing order shall not be made unless a notice of the hearing
of the complaint on which it is to be made has been posted on the premises in
a conspicuous position with an intimation in such notice that any occupant of
the premises may show cause against the making of such order.
Cancelling closing order.
(8) A court, when satisfied that the dwelling-house has been rendered fit for
human habitation, may declare that it is so satisfied and cancel the closing
order.
Penalty for not complying with order.
(9) Any person who fails to comply with provisions of a nuisance order with
respect to the abatement of a nuisance shall, unless he satisfies the court
that he has used all due diligence to carry out such order, be liable on conviction
to a fine not exceeding one hundred ringgit a day during his default.
(10) Any person who knowingly and wilfully acts contrary to a prohibition order
or closing order shall be liable on conviction to a fine not exceeding one hundred
ringgit a day during such contrary action.
(11) In either of the cases mentioned in subsections (9) and (10), the local
authority or any person authorised by the local authority in writing in that
behalf may enter the premises to which a nuisance order relates and abate or
remove the nuisance and do whatever is necessary in the execution of such order
and the expenses thereby incurred shall be paid by the person in default.
(12) In case of nuisances caused by the act or default of the owner of premises,
such expenses together with any costs and expenses which the court orders such
owner to pay shall be deemed to be expenses to which section 104 applies and
shall be recoverable under the provisions of that section.
(13) A court making any order under this section may require any person on whom
any order is made to pay all costs and expenses incurred in obtaining the order.
Ejectment after closing order.
(14) Where a closing order has been made with respect to any dwellinghouse,
the local authority shall serve notice of the order on every occupier of the
dwelling-house and within such period as is specified in the notice not being
less than seven days (except in case of immediate danger) after the service
of the notice the order shall be obeyed by him and he and his family shall cease
to inhabit the dwelling-house, and in default he shall be liable on conviction
to a fine not exceeding one hundred ringgit a day during his disobedience to
the order, and the court shall, upon application by the local authority, make
a summary order for his ejectment and the same may be carried into effect by
any police officer or officer or employees of the local authority authorised
in writing by the local authority:
Expenses of removal.
Provided that the owner shall make to every tenant whose tenancy has not been
lawfully determined such reasonable allowance, if any, on account of his expenses
in removing as a court may allow or order, and such allowance shall be recoverable
in a summary way before a Magistrate's Court.
89. Order for demolition of house unfit for habitation.
(1) Where a closing order has been made in respect
of any dwellinghouse and has not been cancelled by a subsequent order, the local
authority, if of the opinion that -
(a) the dwelling-house has not been rendered fit for human
habitation;
(b) the necessary steps are not being taken with all due diligence to render
it so fit; or
(c) the continuance of any building being or being part of the dwelling-house
is dangerous or injurious to the health of the public or of the inhabitants
of the neighbouring dwelling-houses,
may make a complaint to a Magistrate's Court,
and such court after hearing the complaint may make on the owner a summary order
for the demolition of such dwelling-house within a time specified in such order.
(2) The order may also contain a direction that the materials of the building
or any part of such materials shall be destroyed.
90. Execution of order for demolition.(1)
Where an order for the demolition of a building has been made, the owner thereof
shall, within the time mentioned in such order, take down and remove the building
and, if the order for demolition so directs and to the extent therein mentioned,
destroy the materials thereof.
(2) If the owner fails to comply with the order, the local authority or any
person authorised by the local authority in writing in that behalf shall proceed
to take down and remove the building and, if necessary, destroy the materials,
and may recover the costs of such work from the owner.
(3) The provisions of section 104 shall apply to any sum recoverable from the
owners under this section.
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