STREET, DRAINAGE AND BUILDING ACT 1974

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 133 STREET, DRAINAGE AND BUILDING ACT 1974 As at 31 December 2019 2 STREET, DRAINAGE AND BUILDING ACT 1974 … … … 5 June 1974 Date of publication in the Gazette … … 13 June 1974 Latest amendment made by Act A1588 which came into operation on … … 27 December 2019 Date of Royal Assent … PREVIOUS REPRINTS First Reprint … … … 1997 Second Reprint … … … 2000 Third Reprint … … … 2006 3 LAWS OF MALAYSIA Act 133 STREET, DRAINAGE AND BUILDING ACT 1974 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, application and commencement 2. Savings 3. Interpretation PART II STREETS 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 street 13. Private streets may be declared public streets 14. Widening of private streets 4 Laws of Malaysia ACT 133 Section 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 verandas, 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 Street, Drainage and Building 5 Section 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 49. (Deleted) 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. (Deleted) 61. Ventilating pipes to sewers 62-64. (Deleted) 6 Laws of Malaysia ACT 133 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 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, private connection pipe etc., not to be erected without consent of local authority 78. Removal of roofs and walls made of combustible materials 79. Erection 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 Street, Drainage and Building 7 Section 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 and slopes 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 order for demolition PART VI MISCELLANEOUS 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 8 Laws of Malaysia ACT 133 Section 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 notice 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 133. By-laws Street, Drainage and Building PART VIII REPEALS, TRANSITIONAL PROVISIONS, ETC. Section 134. Repeals, transitional provisions, etc. 135. Power of State Authority to make transitional provisions, etc. SCHEDULE 9 11 LAWS OF MALAYSIA Act 133 STREET, DRAINAGE AND BUILDING ACT 1974 An Act to amend and consolidate the laws relating to street, drainage and building in local authority areas in Peninsular 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 Peninsular 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 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 Short title, application and commencement 1. (1) This Act may be cited as the Street, Drainage and Building Act 1974. 12 Laws of Malaysia ACT 133 (2) This Act shall apply only to Peninsular 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. Savings 2. 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. Street, Drainage and Building 13 Interpretation 3. 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 en