Act 133 PDF

LAWS OF MALAYSIA
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TEXT OF REPRINT
Act 133
STREET, DRAINAGE AND

BUILDING ACT 1974
As at 1 June 2014
2
STREET, DRAINAGE AND BUILDING

ACT 1974
Date of Royal Assent … … … 5 June 1974
Date of publication in the Gazzette … … 13 June 1974
Latest amendment made

by Act A1312 which
came into operation on … … … 1 September 2011
PREVIOUS REPRINTS
First Reprint … … … 1997
Second Reprint … … … 2000
Third Reprint … … … 2006

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LAWS OF MALAYSIA
Act 133

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 unauthorised 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)
PART IV
BACK-LANES
65. Local authority may acquire land for part of back-lane

Section
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 unauthorised 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
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
Section
85A. Periodical inspection of buildings
86. Nuisances liable to be dealt with summarily under this Act
87. Notice requiring abatement of nuisance
88. On non-compliance with notice, nuisance order to be made
89. Order for demolition of house unfit for habitation
90. Execution 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
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
Section
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 authorised 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
PART VIII
REPEALS, TRANSITIONAL PROVISIONS, ETC.
134. Repeals, transitional provisions, etc.

135. Power of State Authority to make transitional provisions, etc.
SCHEDULE
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LAWS OF MALAYSIA
Act 133

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.
(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.
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 engages in or carries on or undertakes the
business of developing or providing moneys for development or
purchasing or partly developing and providing moneys for purchasing
buildings;
“dwelling house” 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 abutting)
adjacent or accessible to a street or back-lane or where—
(a) the owner of the premises by himself or his tenant has the
right to use or commonly does use the street or backlane
as a means of access to or drainage from the premises; and
(b) in the opinion of the local authority, the use or the right to
use is for the advantage or benefit of the land;
“house” includes dwelling-house, warehouse, office,

countinghouse, 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 [Act 190];
“nuisance” means any act, omission or thing occasioning or likely

to occasion injury, annoyance, offence, harm, danger or damage to
the sense of sight, smell or hearing, or which is or is likely to be
injurious or dangerous to health or property;
“occupier” means the person in actual occupation of the land or

building in respect of which the word is used, or having the charge,
management or control thereof either on his own account or as agent
of another person, but does not include a lodger;
“owner” means—
(a) the registered proprietor of the land;
(b) the lessee of a lease including a sub-lessee of the land

whether registered or not;
(c) the agent or trustee of any of the owners described in

paragraphs (a) and (b) 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 **Water Services Industry Act 2006 [Act 655];
*
NOTE—See section 17 of the Street, Drainage and Buildings (Amendment) Act 1993 [Act A867].
**
NOTE—The Sewerage Services Act 1993 [Act 508] has been repealed by the Water Services Industry
Act 2006 [Act 655], w.e.f 1 January 2008 –see subsection 185(1) if this Act.
“private street” means any street not being a public street;
“public street” means any street over which the public has a right of
way which was usually repaired or maintained by the local authority
before the coming into operation of this Act or which has been
transferred to or has become vested in the local authority under this
Act or in any other manner;
“qualified person” means a Professional Architect, Professional

Engineer or building draughtsman registered under any written law
relating to the registration thereof;
“sewer” has the same meaning assigned to it under the

* **
Water
Services Industry Act 2006 [Act 655];
*“sewerage system” has the same meaning assigned to it under the

**Water Services Industry Act 2006;
“sky-sign” means any erection consisting of a frame, hoarding,

board, bar, pillar, post, wire or any combination of such things, or
any erection of a like nature, or any visible object which floats or is
kept in position by wire or other flexible attachment, displayed for
the purposes of trade or professional advertisement in such a position
as to be conspicuously visible against the sky above the general level
of the roofs or surrounding buildings from any street or public place;
“State Authority”, in relation to—
(a) the States of Malaysia, means the Ruler or Yang di-

Pertua Negeri of a State and includes in Negeri Sembilan
the Yang di-Pertuan Besar acting on behalf of himself and
the Ruling Chiefs; and
(b) the Federal Territory of Kuala Lumpur means the Minister

charged with the responsibility for local government;
*
NOTE—See section 17 of the Street, Drainage and Buildings (Amendment) Act 1993 [Act A867].
**
“street” includes any road, square, footway or passage, service

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

metalling, flagging, kerbing, channelling, draining, lighting, laying of
water, gas or electricity services and otherwise the making good a
street or part of a street;
“structural elements” means those parts or elements of a building

which resist forces and moments and includes foundations, beams,
columns, shear cores, slabs, roof trusses, staircases, load bearing
walls and all other elements designed to resist forces and moments
but excludes doors, windows and non-load bearing walls;
“structural plan” means a plan relating to structural elements;

“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.
“submitting person” means a qualified person who submits plans

other than building plans to the local authority or relevant statutory
authority in accordance with this Act or any by-laws made thereunder
and includes any other qualified person who takes over the duties and
responsibilities of or acts for the first mentioned qualified person;
“sullage” includes any household waste liquids discharged from

any bath, shower, lavatory, basin, floor gully, laundries or sink (not
being a slop sink) but excludes faecal water and urine.
PART II
STREETS
Maintenance and repair of public streets
4. (1) The local authority shall, so far as the funds at its disposal
will admit, cause all public streets together with the footways thereof,
whether covered by arcades or not, to be maintained and repaired and
may—
(a) cause the same to be paved, metalled, flagged, channelled,

drained, kerbed, lighted or otherwise improved, and the
surface thereof to be raised, lowered or altered as it thinks
fit;
(b) make and keep in repair any footways for the use of foot
passengers in any such street;
(c) place on the sides of such footways or otherwise such

fences and posts as are needed for the protection of foot
passengers;
(d) provide street lighting.
Boundary stones
(2) The local authority may set up or affix to any premises

abutting on a public street, boundary stones or other marks to denote
the length, width and alignment of such street.
Penalty
(3) Any person who removes, defaces or injures any stone or

mark set up in accordance with this Act shall be liable on conviction
to a fine not exceeding five hundred ringgit.
Owner or occupier to protect boundary stones
(4) The owner and occupier of any premises in or against or to

which such stone or mark is set up or affixed shall protect the same.
(5) The expense of replacing any such stone or mark shall be paid
by the occupier or, if the premises are unoccupied, by the owner, and
shall be recoverable in the manner hereinafter provided.
Power to make and improve streets
5. The local authority may, with the consent of the State

Authority—
(a) lay out and make new streets and back-lanes;
(b) build and construct bridges and tunnels;
(c) turn, divert, discontinue or stop up any public street; and
(d) widen, open, enlarge or otherwise improve any public

street.
Power to take land adjoining new streets for building purposes
6. (1) In laying out or making any new streets, or in widening,

opening, enlarging or otherwise improving any public street, in
addition to the land required for the carriageways and footways
thereof, the local authority may request the State Authority, to
acquire the land necessary for the buildings to form the said street
and, with the consent of the State Authority may—
(a) erect any buildings upon the land so acquired or alter any
existing buildings thereon; and
(b) sell and dispose of such land or buildings with such

stipulations and conditions as to the class and description
of buildings to be erected on such land as it thinks fit.
(2) For the purpose of subsection (1), in relation to the Federal

Territory reference to the State Authority shall be construed as
reference to the Government of the Federation.
Power to acquire to be in accordance with law relating to

compulsory acquisition
7. (1) Where any immovable property not being State land is

needed to be acquired for any of the purposes under sections 5 and 6,
such property may be acquired in accordance with any law relating to
the compulsory acquisition of land for the time being in force in the
State in which the property is situate.

Territory reference to the State land shall be construed as reference to
Federal land.
Local authority may recover cost of new street or of widening,

opening, etc., of public street
8. (1) When the local authority has made a new street or has
widened, opened, enlarged or otherwise improved a public street, it
may, with the approval of the State Authority, recover the cost of
acquiring the land for, and of—
(a) constructing the new street; or
(b) widening, opening, enlarging or otherwise improving the

public street,
from the developer concerned or the frontagers or both.
(2) If such sum is to be paid by the developer, it may be

recovered from the developer.
(3) If such cost is to be paid by the frontagers, the persons who

are the frontagers when the work is completed shall be liable and the
sum shall be recoverable in the manner hereinafter provided.
(4) In determining the respective amounts to be paid by the

frontagers or developers the local authority may take into
consideration any or all of the following factors:
(a) the frontage of their respective premises;
(b) the area of their respective premises;
(c) the degree of benefit to be derived by those premises from

the construction of the street;
(d) where any section of the street has previously been

constructed, the amount and value of street works already
executed by the frontager;
(e) reasonable charges in respect of surveys and

superintendence;
(f) the cost of the premises voluntarily surrendered by the

owners to the local authority; and
(g) any other matters which in the opinion of the local

authority are relevant and proper to be considered.
(5) If the frontager or the developer is dissatisfied with the

apportionment of costs, he may, within one month of the receipt of
the notice of apportionment, appeal to the State Authority whose
decision shall be final and shall not be subject to any appeal or review
in any court.
(6) The local authority may exempt any frontager or class of

frontagers from payment of the whole or part of the cost of the street
works.
Private persons making new streets
9. (1) No person shall make any new street without the prior
written permission of the local authority.
(2) Any person who intends to make any new street shall apply to
the local authority, accompanied by a plan in duplicate, showing the
intended level and construction of such street and the level of the
houses to be built on the land abutting upon it and the proposed
manner of draining it and by a statement specifying the use for which
such street is intended:
Provided that the local authority shall not approve the detailed plans
of any new street unless the use of the land for this purpose has been
approved by the competent authority under any law relating to town
and country planning.
(3) The local authority may give written directions to the person
submitting a plan for a new street with regard to any of the following
particulars:
(a) compliance with this Act and any by-laws made

thereunder;
(b) the line of the new street, so as to ensure that it forms a

continuous street with any existing or proposed new
street;
(c) the level, material and construction of the new street;
(d) the provision of footpaths and the size, specification and

gradient of such footpaths;
(e) the provision along the length of the new street of

intersecting streets or back-lanes;
(f) the width of the new street;
(g) the width of any intersecting street or back-lane, which

shall be of such width as the local authority requires;
(h) the gradients, levels and mode of drainage of the new

street and of any intersecting streets or back-lanes;
(i) the rounding of the corners of new streets;

(j) the provision of culverts and the sizes, specifications and

gradients of such culverts; and
(k) the provision of street lighting, and the person to whom

any such written directions are given shall amend the plan
accordingly.
(4) The person whose plan has been approved by the local
authority and each successor in title of such person, in so far as the
street lies in the land acquired by him, shall lay out the new street and
demarcate its boundaries by such boundary stones or other marks as
may be specified by the local authority to denote the length, width
and alignment of the street.
(5) If the new street has not been laid out and demarcated within
the period of six months from the date when the plan was first
approved or within such further period as may be approved by the
local authority, the local authority may enter upon the land and lay
out the new street and demarcate its boundaries at the expense of the
person whose plan has been approved or of his successor in title.
(6) The person whose plan has been approved by the local
authority or his successor in title in so far as the street lies in the land
acquired by him shall, if he constructs the new street, construct the
new street in accordance with the plan approved by the local
authority within such period as may be specified in such approval:
Provided that the local authority may renew such approval for such
period as it considers necessary.
(7) Any person who—
(a) constructs any new street otherwise than in accordance

with a plan approved by the local authority under this
section;
(b) without the permission in writing of the local authority

plants any hedge in such manner that any part thereon is
in any direction less than twenty feet from the centre of
the carriageway of any street, not being a public street, or
less than forty feet from the opposite side of any road or
path which is used or intended to be used as the means of
access to two or more houses exclusive of the width of
any footway which the local authority requires; or
(c) constructs any culvert or bridge on the line of the new

street drainage otherwise than in accordance with the
plans and specifications approved by the local authority,
shall be liable on conviction to a fine not exceeding two thousand

ringgit, and a Magistrate’s Court shall, on the application of the local
authority, make a mandatory order against the offender requiring him
to execute any one or more of the following works:
(i) to alter the street;
(ii) to remove any hedge so planted;
(iii) to alter or remove any culvert or bridge so

constructed; or
(iv) to comply with the plan approved by the local

authority.
(8) Where any new street is stated to be intended for pedestrians,

the local authority may impose such conditions for ensuring that the
same shall not be used by vehicles or classes of vehicles as may be
specified by it.
(9) Any person who keeps open or uses such street in breach of
the conditions imposed under subsection (8) shall be liable on
conviction to a fine not exceeding one thousand ringgit and shall also
be liable to a further fine not exceeding one hundred ringgit for every
day during which the offence is continued after service of a notice to
cease the breach.
(10) No person shall erect or maintain or permit to be erected or

maintained any obstruction in any street, and the local authority may,
where any such obstruction exists, take down and remove the same
and cost and expenses of so doing may be recovered from the person
who erects, maintains or permits the erection or maintenance of such

obstruction and shall be recoverable in the manner hereinafter
provided.
(11) For the purposes of this section the continuation of an

existing street or the widening or alteration of any existing street or
the adapting for carriage traffic of a street made for other traffic shall
be deemed to be making a new street in respect of the whole thereof.
(12) If the person applying under subsection (2) is dissatisfied

with any requisition or disapproval by the local authority, he may,
within seven days from the receipt of such requisition or disapproval,
appeal to the State Authority whose decision shall be final.
(13) If the local authority does not, within two months of receipt
of the application and plan under this section approve, disapprove or
make written requisition with regard thereto the applicant may then
apply to the State Authority, and the powers vested in the local
authority under this section shall then be vested in the State
Authority.
Approval of plans to expire
10. All plans for the making of a new street which were approved
under the provisions of any written law before the coming into force
of this Act shall expire at the end of one year from the date of coming
into force of this Act:
Provided that the local authority may grant a renewal of such

approval for such period as it may determine, but such renewal shall
not in the aggregate exceed twelve months.
Paving, etc., of private streets
11. (1) Where any private street or part of a private street in the
opinion of the local authority requires street works, the local authority
shall cause to be prepared plans and specifications of the street works
and an estimate of the cost thereof and a provisional apportionment of
such estimated expenses among the frontagers or developers or both

and shall serve a notice of such decision upon each of the frontagers
and developers requiring them to execute to the satisfaction and in
accordance with the directions in writing of the local authority, such
street works and within such period as may be specified in the notice.
Apportionment of cost
(2) In apportioning the estimated cost thereof among the

frontagers or developers, the local authority may take into
consideration any or all of the following factors:

the construction of such street works;
(d) the amount and value of street works already executed by

any frontager or developer;
(e) reasonable charges in respect of surveys, superintendence

and publication and service of notices; and
(f) any other matters which in the opinion of the local

Plans, etc., to be open to inspection by or on behalf of any person

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

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

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

to plan, etc.
(5) During the period of one month referred to in subsection (3)

the frontager or developer shown in the provisional apportionment or
amended provisional apportionment as liable to be charged with any
part of the expenses of executing the street works may, by notice in
writing duly served upon the local authority, object to the proposed
street works and to the plan, specification, estimate and provisional
apportionment or to any one or more of them or to any amendment

thereof pursuant to subsection (4), on any one
or more of the following grounds:
(a) that the alleged private street or part thereof is not or does
not form part of a street within the meaning of this Act;
(b) that the alleged private street or part thereof is (in whole
or in part) a public street;
(c) that there has been some material informality, defect or

error in, or in respect of, the decision, notice, plan,
specification, estimate or provisional apportionment or
amendment thereof;
(d) that the proposed street works are insufficient or

unreasonable or that the expenses as estimated are
excessive;
(e) that any premises ought to be excluded from or listed in

the provisional apportionment;
(f) that the provisional apportionment or amended provisional

apportionment is incorrect in respect of some matter of
fact to be specified in the objection or (where the
provisional apportionment is made with regard to other
considerations other than frontage as provided in this
section) in respect of the degree of benefit derived by any
person or the amount and value of any street works
already executed by the owner or occupier of any
premises.
Objections
(6) After objections duly made under subsection (5) have been
inquired into and the persons making them have been allowed an
opportunity of being heard, the local authority may at its discretion
confirm or amend the plan, specification, estimate and provisional
apportionment.
(7) The plan, specification, estimate and provisional

apportionment so confirmed or amended shall be open to inspection
by the persons referred to in subsection (3) or (4) during the usual
office hours at the office of the local authority and a notice stating
that they are open to inspection shall be published in such manner as
the local authority may determine.
(8) No objection shall be made to such amended requisition or

estimates or apportionment.
When local authority may execute work
(9) If such street works—
(a) are not commenced within the period specified in the

notice served under subsection (1); or
(b) are not commenced within thirty days from the date of
such confirmation or amendment under subsection (6); or
(c) having been commenced are thereafter suspended or are

not completed within the period specified in the notice
under subsection (1) or within thirty days of confirmation
or amendment under subsection (6) as the case may be,
the local authority may, if it thinks fit, cause the same to be executed
and completed.
Final apportionment on completion of work
(10) When the street works have been completed by the local
authority and the cost thereof ascertained, the local authority shall
cause a final apportionment of the cost of such street works to be
made by dividing the expenses in the same proportions as those made
in which the estimated expenses were divided in the provisional
apportionment or amended provisional apportionment (as the case
may be) and such final apportionment shall be conclusive for all
purposes and notice of such final apportionment shall be served upon
persons who are frontagers at the time of completion of the work

affected thereby or the developers or both and the sums apportioned
thereby shall be recoverable in the manner hereinafter provided.
Extent of liability of owner when expenses exceeded
(11) If the expenses incurred by the local authority in executing

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

frontagers or developers pay the whole or part of the cost of the street
works and may exempt any premises or class of premises from
payment of the whole or part of the cost apportioned to that premises
or class of premises.
(b) If the local authority exempt any premises or class of

premises from payment of the whole or part of the apportioned cost,
the local authority shall pay the sums apportioned to such premises or
class of premises as if it were the owner of that premises or class of
premises.
(13) For the purpose of this section “developer” means the

developer of lands belonging to persons who would be frontagers.
Declaration of public streets
12. (1) Where street works have been executed to the satisfaction of
the local authority under this Part in respect of a private street, which
is not less than forty feet wide, then on the request—
(a) in the case of street works executed under section 11, of

the several frontagers listed in the final apportionment as
together have an annual value of more than fifty per

centum of the total annual value of the premises so listed; or
(b) in any other case, of the several frontagers of such private

street or part of a private street as together have an annual
value of more than fifty per centum of the total annual
value of the premises fronting on, adjoining, abutting on
or (though not actually so fronting, adjoining or abutting)
adjacent or accessible to such private street or part of the
private street, as the case may be,
demanding that the private street or part of the private street be

declared a public street, the local authority shall declare the same to
be a public street and such street shall thereupon become a public
street and forever afterwards be maintained by the local authority.
(2) The declaration shall be published in such manner as the local

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

require the frontagers to provide lighting for the street to the
satisfaction of the local authority as a condition precedent to the
declaration under subsection (1).
(3) A copy of the intention to declare such street as a public street

shall be forthwith posted up in some prominent part of the said street.
(4) At the expiration of the said period, unless the frontagers or

such frontagers having the greater part in the annual value have, by
notice to the local authority in writing under their hands, objected
thereto, the said street shall become a public street and forever
afterwards be maintained by the local authority.
(5) After considering the objections or if there is no objection

after the expiration of the said period the local authority shall declare
the street as a public street.
Widening of private streets
14. (1) Whenever the local authority decides that it is necessary to

widen, open, enlarge or otherwise improve any private street or any
part of a private street, the local authority shall prepare a plan
showing the premises which will be acquired for the purpose of
effecting such widening, opening, enlarging or otherwise improving
the street:
Provided that any acquisition of premises shall be in accordance

with the law relating to the compulsory acquisition of land.
Acquisition of whole building if part rendered useless
(2) Where the acquisition under this section of any portion of a

building affixed to a holding renders useless the remainder of such
building, the State Authority shall, if the owner so requires, acquire
the remainder of the holding of which such building forms a part.
Acquisition of whole holding in certain circumstances

holding having no building affixed to that portion or to the remainder
of the holding, would render useless as a building site the remainder
of the holding the State Authority shall, if the owner so requires,
acquire the remainder of the holding.
(4) The cost of acquisition under this section may be recovered

from the developers or frontagers or both.
Owner to repay local authority cost of acquisition
(5) If it is to be recovered from the frontagers it shall be

apportioned among the persons who are frontagers of such street at
the time of completion of such widening, opening, enlarging or other
improvement and the sums apportioned shall be recoverable as
hereinafter provided from such persons by the local authority.
Factors to be taken into consideration for apportionment
(6) In apportioning the cost thereof among the frontagers or

developers, the local authority may take into consideration any or all
of the following factors:

the widening of the street;
(d) the amount and value of street works already executed by

any frontager or developer;
(e) the cost of premises voluntarily surrendered by the owners

to the local authority; and
(f) any other matters which in the opinion of the local

(7) The frontagers or developers affected by the apportionment

may within one month of the receipt of the notice to pay the amount
appeal to the State Authority whose decision shall be final.
(8) Pending the decision of the State Authority, the frontage or

developer shall be bound to pay the sum first and if the decision of
the State Authority is in favour of the appellant, the local authority
shall remit such sum or part of such sum as the case may be.
(9) For the purpose of subsections (1), (2) and (3) in relation to
the Federal Territory references to the State Authority shall be
construed as references to the Government of the Federation.

developer of lands belonging to persons who would be the frontagers.
Repair of private streets
15. (1) Where any private street or any part thereof is in a

dangerous or defective condition, the local authority may, by notice
in writing, require—
(a) the developer;
(b) the frontagers of such street; or
(c) any other person who, in the opinion of the local

authority, was responsible for causing the street to be in a
dangerous or defective condition,
to cause such street to be properly repaired and amended within such

time as may be prescribed in such notice and may in such notice
specify the date before which such work shall be commenced.
(2) If any frontager or developer or any other person fails to

comply with the requirements of such notice, the local authority may
itself cause the work to be done and such frontager or such other
person shall pay to the local authority the cost and expense thereof as
apportioned by the local authority:
Provided that if such frontager or developer or such other person

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

dissatisfied with the apportionment of costs, he may within one
month from the date of receipt of the notice appeal to the State
Authority whose decision thereon shall be final and shall not be
subject to any appeal in any court.
(4) Notwithstanding subsections (1) and (2), the local authority

may, in its discretion, and so far as the funds at its disposal will
admit, execute at its own expense street works on any private street or
any part thereof as may be deemed necessary for or conducive to the
public safety, health, convenience or comfort:
Provided that the execution of such street works at the expense of

the local authority shall not affect the liability of such frontagers or
developers or any other persons under subsections (1) and (2).
(5) A certificate of the local authority stating that it is of the

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

developer of lands belonging to persons who would be the frontagers.
Notice on person causing private street to be in a dangerous or

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

with the local authority under subsection (1) have regard to the cost
and expense that would have to be incurred if it should cause the
repairs to be done.
(3) Any frontager, developer or any other person who fails to

comply with the notice shall be liable on conviction to a fine not
exceeding five thousand ringgit or to imprisonment for a term which
may extend to twelve months or to both.
(4) The certificate of the local authority stating that it is of the

opinion that such frontager, developer or such other person named in
such certificate was responsible for causing a private street or part
thereof to be in a dangerous or defective condition shall be prima
facie evidence of such facts for the purposes of any prosecution under
this section.
Payments to be made before erection of buildings in respect of

street works
17. (1) Subject to this section—
(a) where any building which is to be erected will have

frontage on a private street in respect of which the local
authority may be able to exercise its powers under the
provisions of section 11 to require street works to be
executed or to execute street works on its own; or
(b) in any case where an application is required, under the

provisions of section 9, for the making of a new street,
no work shall be commenced or done for the purpose of erecting such

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

class of buildings has been exempted under any order
made by the State Authority under subsection (8):
Provided that such person may, if the local authority so agrees,

instead of making a deposit of a sum of money give a security to the
satisfaction of the local authority.
(2) If any work for the erection of any new building is

commenced in contravention of subsection (1), the local authority
shall serve a notice in writing upon the person who, in the opinion of
the local authority, is responsible for the commencement of any such
work, or post a notice at the site of the erection of the new building,
requiring such person and any other person to cease building
operation forthwith and the building operation shall not resume
unless the requirements under subsection (1) have been complied
with.
(3) If the person served with the notice under subsection (2)
claims that he is not the person responsible for the commencement of
any such work, he shall, within seven days of service of the notice on
him, lodge his disclaimer of responsibility with the local authority.
(4) If any work for the erection of any new building is

commenced in contravention of subsection (1) the person who is
responsible for the commencement of such work shall be liable on
conviction to a fine not exceeding five thousand ringgit or to
imprisonment for a term not exceeding twelve months or to both.
(5) Any person who fails to comply with any notice under
subsection (2) shall in addition to any fine imposed under
subsection (4) be liable to a further fine not exceeding two hundred
and fifty ringgit for every day during which such notice was not
complied with.
(6) Where any person has been convicted of an offence under

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

opinion—
(a) that the person named in such certificate is responsible for

the commencement of any work for the erection of any
new buildings; or
(b) that any new building in respect of which a prosecution

had been instituted in regard to the commencement of any
work, for contravening subsection (1), has been
completed,
shall be prima facie evidence of such facts for the purposes of any
prosecution under this section.
(8) The State Authority may by order in writing exempt any

building or class of buildings from the provisions of subsection (1).
Determination of the amount to be deposited and the date of

completion
18. (1) Any person who intends to commence any work for the
erection of any new building shall unless exempted apply to the local
authority for an order from the local authority specifying the amount
required to be deposited for street works and the date on or before
which such street works shall be completed.
(2) The person applying for such an order shall within fourteen
days of service of the order on him deposit with the local authority
the sum stated in the order or give the security.
(3) In making the order the local authority shall have regard to the
amount that would be expended by it if it executed the street works
under this Act.
(4) Any person who is dissatisfied with such order shall, within
ten days of the service of the order on him, appeal to the State
Authority whose decision thereon shall be final and shall not be
subject to any appeal in any court.
Local authority may execute and cause to be properly carried out

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

the street works to be properly carried out by the local authority shall
be recovered from the deposit made or security given under
subsection 18(2).
Refund of deposit when street works have been completed
20. (1) Where a deposit has been made or security given under
subsection 18(2) and street works have been carried out to the
satisfaction of the local authority, the local authority shall refund to
the person who made such deposit or given such security the whole
or part of such deposit or security.
(2) The local authority may retain the deposit or security or any
part of such deposit or security if, it is of the opinion that—
(a) the street works have not been executed properly;
(b) the building operations, in regard to the erection of any

building which have not been commenced or completed,
would require further street works to be executed; or
(c) such deposit or security is required for a period of

maintenance, which period shall not exceed twelve
months.
(3) In this section and in section 19 “building operations” means

such works as are carried out for the erection of any new building
including works which are preparatory to the erection of such new
building.
Refund of deposit when building operations are not commenced
21. (1) Any person who has made a deposit or given a security
under subsection 18(2) and who subsequently decides not to proceed
with the erection of any building, without having commenced any
building operations, shall serve the local authority notice of this
intention not to proceed with the erection of such building.
(2) The local authority shall, upon receipt of such notice, cancel
the approval of the plans and specifications in respect of such
proposed building.
(3) The local authority shall refund the deposit or part thereof or
return such security or part thereof as it may determine.
Preparation of scheme for building
22. (1) Where the local authority has reason to believe that any land
is likely to be used for building purposes, it may prepare a scheme
consistent with any plans made under any law relating to town and
country planning, showing the streets, back-lanes and open spaces
which it deems necessary to secure proper sanitary conditions,
amenity and convenience in connection with the laying out and the
use of such land and of any neighbouring lands.
(2) The local authority shall as soon as the scheme is prepared

publish a public notice of the preparation of the scheme in the
Gazette and in such local newspaper or newspapers as the local
authority may determine, giving particulars of place where copies of
the scheme may be inspected, inviting objections in writing from any

person with respect to the scheme and stating the period (which shall
not be less than one month) within which such objections may be
made.
(3) If no objection is received within the period in which

objections may be made the local authority shall apply to the State
Authority for an order that the scheme be confirmed.
(4) Where there is any objection the local authority shall, after the
expiry of the period within which such objection may be received,
consider such objection and may in this connection hear any person
who in filing the objection has requested to be heard.
(5) The local authority shall after considering the objection

submit to the State Authority its scheme whether modified or
otherwise and may enter its reasons for refusing to modify or for
modifying in the manner that it did.
Order may be made with conditions
(6) The State Authority may by order confirm the scheme

submitted by the local authority under subsection (3) or (5) and may,
in confirming the scheme, modify the scheme or impose such
conditions as the State Authority thinks fit.
State Authority may modify scheme
(7) The State Authority may, on the application of either the

owner of the land affected or the local authority at any time after any
scheme has been confirmed under subsection (6) but only after giving
every owner or reputed owner of any property which in its opinion is
affected by such modification and the local authority an opportunity
to be heard either in person or by counsel, modify such scheme or
any part thereof.
Effect of plan forming part of scheme
(8) Any plan forming part of any scheme made under this section
shall, for the purposes of section 70, have the same effect as a plan
approved by the local authority under that section:
Provided that the duty imposed by the scheme shall not attach to
any person unless and until he submits a plan for the erection of a
building on some part of the land comprised in the plan under section
70.
Regular line of street may be prescribed
23. (1) The local authority may, with the sanction of the State
Authority, prescribe a line on each side of a public street within
which, except under section 34 no portion of any building abutting on
the said street shall, after such line has been prescribed, be
constructed.
(2) A line so prescribed shall be called “the regular line of the

street”.
Local authority in certain cases may take possession of land

within the regular line of street
24. (1) When any building or any part of a building which lies
within the regular line of the street falls down or is burned down or is
taken down the local authority may take possession of the portion of
land within the regular line of the street that was occupied by the said
building and, if necessary, clear the same.
(2) If any land, whether open or enclosed, lies within the regular
line of the street and is not occupied by a house, or if a platform,
verandah, step or some other structure external to a house abutting on
a public street or a portion of a platform, verandah, step or other such
structure is within the regular line of the street, the local authority
may, after giving to the owner of the land or building not less than
seven clear days’ notice in writing of its intention to do so, take
possession of the said land with its enclosing wall, hedge or fence, if
any, or of the said platform, verandah, step or such other structure
and, if necessary, clear the same.
Land taken to form part of street
(3) Land so taken possession of under this section shall be

acquired by the State Authority at the request of the local authority in
accordance with any law relating to the compulsory acquisition of
land and when acquired shall be deemed to be a part of the public
street.

Provision of footways, etc.
25. (1) Wherever there is a frontage to the public street vacant of

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

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

execute the work as regards their respective frontages or require the
local authority to do so, and, where any owner executing such work
fails to complete the work within the time specified in the notice, the
local authority may enter upon his land and carry out the work.
Plan to be delivered
(4) In every case where a footway is made under this section, the
local authority shall deliver to each owner of the land a plan showing
the land taken for such footway and a statement to the effect that the
land has been taken under this section for use as a public footway,
subject nevertheless to the right of each owner and his successors in
title at any time to build in such manner and to such extent as he
would have been entitled to build if the land had not been taken for
use as a public footway.
Local authority may put up lamp posts and lamps
26. (1) The local authority may cause lamp irons, lamp posts or
other lighting apparatus to be put up or fixed upon or against the
walls or palisades of any building or enclosure, doing as little damage
as is practicable thereto, or to be put up or erected in such other
manner within any street, road or place as it deems proper and may
cause such number of lamps of such sizes and sorts to be provided
and affixed and put on such lamp irons and lamp posts as are
necessary for lighting all or any of such streets, roads and places and
cause the same to be lighted during such hours as are necessary.
Troughs and pipes to be fixed
(2) The owner of every house or building shall, within twenty-

one days after the service of notice from the local authority to that
effect, put up and keep in good condition proper troughs, gutters and
pipes for receiving and carrying the water from the roof and other
part of such house or building and for discharging the same in such
manner as the local authority may direct so that it shall not fall upon
persons passing along the street or enter any sewer.
(3) If the notice is not complied with the local authority at any
time after the expiration of the time so specified may cause the work
to be done and the cost and expenses of so doing shall be paid to the
local authority by the owner in default.
Situation of water pipes, etc., to be altered at the expense of the

local authority
27. (1) If the local authority deems it necessary for the purposes of
this Act to raise, sink, lower or otherwise alter the situation of any
water pipe or other waterworks, electric lighting cable or main
telegraph wire or other electric lighting apparatus or telegraph
apparatus laid in any street, it may, by notice in writing, require the
person or authority, to whom any such pipes, works, cables, mains or
apparatus belong or under whose control they are, to cause forthwith,
or as soon as conveniently may be, any such pipes, works, cables,
mains or apparatus to be raised, sunk, lowered or otherwise altered in
position in such manner as it directs:
Provided that such alteration is not such as to permanently injure

such works, cables, mains or apparatus or to prevent the water from
flowing as freely and conveniently as before.
(2) The expenses attending such raising, sinking, lowering or

altering, and reasonable compensation for the damage done thereby,
may be paid by the local authority.
(3) If the person or authority to whom any such pipes, works,

mains, cables or apparatus belong, or under whose control they are,
does not proceed forthwith, or as soon as conveniently may be, after

the receipt of such notice to cause the same to be raised, sunk,
lowered or altered in the manner required by such notice, a
Magistrate’s Court shall, on the application of the local authority,
issue a mandatory order for the execution of the necessary work.
Where road is injured by excavation local authority may repair

and recover expenses
28. (1) If the roadway, drain or verandah way in or adjoining any

public street is damaged by or in consequence of any excavation on
land adjoining such roadway, drain or verandah-way the local
authority may repair and make good the damage done.
(2) All costs and charges arising therefrom shall be paid to the
local authority by the owner of the land on which the excavation has
been made.
Names of streets
29. (1) The local authority may, subject to the approval of the State
Authority, determine the name by which any street shall be known
and may alter the name of any street or part of a street.
(2) The local authority may cause the name of any street to be
painted, or otherwise marked, in a conspicuous position on any
house, building or erection in or near such street and from time to
time alter or renew such inscription of the name of any street, if the
name of the street is altered or such inscription becomes illegible or
damaged.
(3) Any person who destroys, pulls down, defaces, covers or

conceals any inscription of the name of a street which has lawfully
been set up, or sets up in any street any other name different from the
name lawfully given to such street, shall be liable on conviction to a
fine not exceeding five hundred ringgit.
Designation of fire hydrants
30. (1) The local authority may cause to be affixed on a

conspicuous part of any house or building a plate indicating the
position of the nearest fire hydrant and may place fire alarms, electric
or otherwise, at convenient places in the streets.
Penalty

conceals any such plate shall be liable on conviction to a fine not
exceeding five hundred ringgit.
Numbers on houses
31. (1) The local authority shall in its discretion allot a number to
any house or building and may fix a mark displaying such number in
a conspicuous place on the outside of any house or building or at the
entrance of the enclosure fronting the street, and may from time to
time change such number and replace or refix any mark displaying
such number.
Penalty for destroying

conceals any such mark shall be liable on conviction to a fine not
exceeding five hundred ringgit.
(3) The owner and occupier of such house or building shall

protect such number.
(4) The expense of replacing or refixing any such number which

has been destroyed, pulled down, defaced, covered or concealed shall
be paid by the occupier or, if the house or building is unoccupied, by
the owner, and shall be recoverable in the manner hereinafter
provided.
Doors not to open outwards
32. (1) All doors, gates, bars and ground-floor windows opening
upon any street shall be hung or placed so as not to open outwards
except when the same are hung or placed in such manner as, in the
judgment of the local authority, to cause no obstruction in any such
street.
(2) If any door, gate, bar or window is hung or placed so as to

open outwards on any such street, the owner of the premises to which
the same is attached shall, within fourteen days after the service of
such notice from the local authority to that effect, cause the same to
be altered so as not to open outwards.
Projections from houses not to be allowed
33. (1) The local authority may give notice in writing to the owner
or occupier of any house or building to remove or alter any
projection, encroachment or obstruction which has been or may be
erected or placed against or in front of such house or building, if the
same overhangs or juts into or in any way projects into or encroaches
upon or is an obstruction to the safe and convenient passage along
any public street or obstructs or projects or encroaches into or upon
any aqueduct, drain or sewer in such street.
Same to be removed
(2) Such owner or occupier shall, within fourteen days or such

extended time as the local authority may allow, after the service of
such notice upon him, remove such projection, encroachment or
obstruction or alter the same in such manner as therein directed.
Owner may recover expenses from occupier
(3) In case such projection, encroachment or obstruction was

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

made or put up by the occupier and the expenses of removing or
altering the same have been paid by him, including a payment by him
to the local authority when the work has been executed by it under
the power hereinafter provided, then the occupier shall be entitled to
deduct the reasonable expenses from the rent payable by him to the
owner.
Local authority to pay if erection lawful
(5) If such projection, encroachment or obstruction has been

lawfully made, the local authority shall pay the expenses of the
removal or alteration thereof and make reasonable compensation to
every person who suffers damage by such removal or alteration and,
if any dispute arises touching the amount of such compensation, the
same shall be ascertained in the manner hereinafter provided.
Projecting verandahs, etc., may be made in streets not less than

40 feet wide
34. (1) The local authority may give permission in writing to

owners of houses or buildings fronting, adjoining or abutting on
public street of not less than forty feet in width to project open
verandahs, balconies, sun shades, weather frames and signboards and
may, in granting such permission, impose any condition it thinks fit.
(2) On breach of any such condition the local authority may give
the owner or occupier notice to comply with such condition and, if
such condition is not complied with within thirty days, a Magistrate’s
Court shall, on the application of the local authority, make a
mandatory order for the removal of such projection.
Penalty
(3) Any person who contravenes any of the conditions imposed

under subsection (1) shall be liable on conviction to a fine not
exceeding one thousand ringgit and shall also be liable to a further
fine not exceeding two hundred and fifty ringgit for every day during
which the offence is continued after a notice to remedy the
contravention has been served upon the owner or occupier.
Sky-signs
35. (1) No sky-sign shall be erected in any place within the area of
the local authority without the prior written permission of the local
authority.
(2) The local authority may give to the owner or occupier of any
premises upon which any sky-sign is so erected notice in writing to
remove the same, and the owner or occupier shall remove the same
within fourteen days after service of such notice.
Hedges and trees bordering streets to be trimmed
36. (1) The local authority may by notice in writing require the
owner or occupier of any land to trim or prune the hedges thereon
bordering any street so that they do not exceed seven feet in height
from the level of the street, and, in the case of hedges within fifteen
yards of a corner, four feet in height from the level of the street, and
to cut and trim all trees or branches of trees overhanging any street.
(2) If the owner or occupier fails to comply with the notice within
the period specified therein, the local authority may itself cause the
work to be done and recover the cost and expenses thereof in the
manner hereinafter provided.
Prevention of grass fires
37. (1) Where the local authority is satisfied that any grass, or other
vegetation whether growing or not is in a combustible state or likely
to be dangerous to life or property in case it should become lighted,
the local authority may by notice in writing require the owner or
occupier of the land on which the same is growing or lying to remove
the same from the land within a period specified by the notice.
(2) If the notice is not complied with, the local authority at any
time after the expiration of the specified period may, if it thinks fit,
cause the work specified in the notice to be done, and the cost and
expenses of so doing shall be paid to the local authority by the owner
or occupier in default and shall be recoverable in the manner
hereinafter provided.
(3) If any fire occurs on any land in respect of which a notice

under subsection (1) has been given after the time limited by such
notice and before the notice has been fully complied with, the cost
and expenses of extinguishing the fire incurred by the local authority
shall be paid to it by the owner or occupier in default and shall be
recoverable in the manner hereinafter provided and a certificate as to
the amount of such cost and expenses by the local authority shall be
conclusive evidence that such amount has been so incurred.
Trees not to be planted within twelve feet of street
38. (1) No tree unless it is of a specie allowed by the local authority

shall be planted within twelve feet of any street or back-lane.
(2) Any person who plants any tree in contravention of this

section shall be liable on conviction to a fine not exceeding five
hundred ringgit, and the tree may be cut down or dug up by order of
the local authority.
Compensation in certain cases
(3) Any tree standing within twelve feet of or overhanging any

street or back-lane may be cut down or dug up by order of the local
authority:
Provided that where such tree being a fruit tree was planted before
the street or back-lane was laid out or intended for a street or back-
lane, the local authority shall make such compensation not exceeding
fifty ringgit to the owner thereof as is just.
Taking up pavement
39. (1) Any person who displaces, takes up or makes any alteration
in the pavement, flags or other materials or in the fences or posts of
any public street without the prior written permission of the local
authority or without other lawful authority shall be liable on
conviction to a fine not exceeding five hundred ringgit.
(2) Any person who wilfully damages or causes or permits any

damage to be done to any street, footway, verandah way, works or
property, or any part thereof, belonging to the local authority or along
which the public has a right of passage, shall be liable on conviction
to a fine not exceeding one thousand ringgit.
Prohibition of laying rails, mains, pipes, etc., along streets
40. (1) No person shall lay or carry any line of rails, mains, pipes,
conduits or electric lines along, through, across, over or under any
street or any place laid out or intended for a street within any local
authority area without the prior written permission of the local
authority which permission may be granted or not at the discretion of
the local authority and upon such terms as it thinks fit.
Penalty
(2) Any person who contravenes subsection (1) shall be liable on

conviction to a fine not exceeding one thousand ringgit, and the local
authority may remove the lines of rails, mains, pipes, conduits or
electric lines at his expense.
Precautions against accident. Bars to be erected across streets

during repairs and lights placed at night
41. (1) The local authority, any person, or any other authority,
shall, while carrying out the construction or repair of any street, back-
lane, sewer or drain take proper precaution against accident by
shoring up and protecting the adjoining houses and causing such bars,
chains or posts to be fixed across or in any street or road to prevent
the passage of carriages, carts or other vehicles, while such works are
carried on as to it seems proper and causing the works to be
sufficiently lighted and guarded during the night.
Penalty
(2) Any person, or other authority (but not the local authority)
who fails to comply with the provisions of subsection (1) shall be
liable on conviction to a fine not exceeding one thousand ringgit.
(3) Any person who takes down, alters or removes any such bar,
chain or post or extinguishes any such light without the authority or
consent of the local authority shall be liable on conviction to a fine
not exceeding one thousand ringgit.
Materials not to be deposited without permission
42. (1) No person shall deposit any building materials or make a

hole in any street or back lane without the prior written permission of
Fencing and lighting materials or hole
(2) When such permission is granted to any person, he shall at his

own expense until the materials are removed or the hole is filled up or
otherwise made secure to the satisfaction of the local authority, cause
such materials or such hole to be sufficiently fenced and enclosed and
shall cause the area to be sufficiently lighted during the night.
Penalty
(3) Any person who deposits materials or makes a hole without

such permission or having been granted permission, who fails to
fence or enclose or light such materials or hole or who fails to remove
such materials or fill up such hole or otherwise make it secure within
such time as may be specified in the permission, shall be liable on
day during which the offence is continued after twenty four hours
notice in writing from the local authority to remove such materials or
to fill up such hole.
(4) The local authority may itself fence, enclose and light such
materials or hole and may remove such material or fill up such hole
or otherwise make it secure and all costs and expenses arising
therefrom shall be paid to the local authority by the defaulting person.
Dangerous places to be repaired or enclosed
43. (1) If, in the opinion of the local authority, any tank, well, hole
or other place is, due to want of sufficient repair, protection or
enclosure or any other cause, dangerous to the public, it shall give
notice in writing to the owner thereof to repair, protect or enclose the
same forthwith so as to prevent danger therefrom.
(2) Any owner who fails without reasonable cause to comply

with such notice shall be liable on conviction to a fine not exceeding
one thousand ringgit, and the local authority may itself repair, protect
or enclose the same.
(3) All costs and expenses arising therefrom shall be paid to the
local authority by the owner of the tank, well, hole or other place.
Duty of owner or occupier to keep street clean
44. (1) The owner or the occupier of any premises abutting upon
any private street to which they have access or the right of access
from such premises shall cause such portion of the street as abuts on
his premises and up to the centre thereof including the footways, to
be properly swept and cleaned so far as is reasonably practicable and
the dust, dirt, ashes, rubbish and filth of every sort found thereon to
be collected and removed.
Notice to owner or occupier to keep street clean
(2) The local authority may by notice in writing require any

person upon whom any duty is cast under subsection (1) to sweep and
clean such street and to collect and remove the dust, dirt, ashes,
rubbish and filth found thereon at such time or times as may be
specified in such notice.
Penalty for non-compliance
(3) Any person to whom such notice is given who fails to comply
with it shall be liable without further notice to a fine not exceeding
one hundred ringgit for each day during which such non-compliance
continues, and the local authority may itself cause the work to be
done and the owner or occupier shall pay to the local authority the
cost and expense thereof.
Local authority may contract for the work
(4) The local authority may contract with any owner or occupier
as aforesaid for sweeping and cleaning such street and for collecting
and removing the dust, dirt, ashes and rubbish for such period as the
local authority thinks fit.
(5) The amount due by the contracting persons to the local

authority may be recovered in the manner hereinafter provided.
Watering streets
45. The local authority shall, so far as it deems requisite for the
public convenience, cause any street to be watered, and for that
purpose the local authority may provide such works, engines and
establishments as it thinks necessary.
Obstruction
46. (1) Any person who—
(a) builds, erects, sets up or maintains or permits to be built,

erected or set up or maintained any wall, fence, rail, post
or any accumulation of any substance, or other
obstruction, in any public place;
(b) without the prior written permission of the local authority

covers over or obstructs any open drain* or aqueduct along
the side of any street;
(c) deposits or causes to be deposited any box, bale or

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

thing used for or in connection with his trade in any public
place;
(e) deposits or causes to be deposited timber, scrap iron,

derelict vehicles or any part thereof, waste materials or
other article or thing in any public place;
*
NOTE—See section 17 of the Street, Drainage and Building (Amendment) Act 1993 [Act A867].
(f) deposits or causes to be deposited garden refuse, kitchen

refuse or trade refuse or any other article or thing in any
public place; or
(g) causes or allows any vehicle to rest on any footway,
shall be guilty of causing an obstruction and may be arrested without

warrant by any police officer or any officer or employee of the local
authority authorised in writing in that behalf by the local authority
and taken before a Magistrate’s Court and shall be liable on
conviction to a fine not exceeding five hundred ringgit, and in the
case of a second or subsequent conviction to a fine not exceeding one
thousand ringgit.
Presumption
(2) If it is shown in any case that any article or thing has been
deposited in or upon any public place in proximity to any building or
land in contravention of subsection (1) it shall be presumed unless the
contrary is proved that the offence was committed by or by the
permission of the occupier of such building or land.
Power to remove obstruction
(3) (a) The local authority may cause any such obstruction to be
removed or may itself through its servants remove the same to a
suitable place, there to remain at the risk of the owner or person
offending and may detain the same until the expenses of removal and
detention are paid.
(b) The local authority shall certify such expenses to the owner or
the person offending and the certificate of the local authority shall be
conclusive proof of the sum due.
(c) Such sum shall be recoverable in the manner hereinafter

provided.
Temporary obstructions on occasions of festivals, etc.
(4) Nothing herein shall prevent the local authority from allowing
any temporary erections in any public place or the temporary use of
any part of a public place on occasions of festivals and ceremonies.
Depositing dirt on streets, etc.
47. (1) Any person who—
(a) places, deposits or throws or causes or allows to be

placed, deposited or thrown any dust, dirt, paper, ashes,
carcase, refuse, boxes, barrels, bales or other article or
thing in any public place;
(b) keeps or leaves any article or thing whatsoever in any

place where it or particles therefrom have passed or are
likely to pass into any public place;
(c) dries any article of food or other article or thing in any

public place;
(d) throws, places, spills or scatters any blood, brine, swill,

noxious liquid or other offensive or filthy matter of any
kind in such manner as to run or fall into any public place;
(e) drops, spills, or scatters any dirt, sand, earth, gravel, clay,
loam, stone, grass, straw, shavings, sawdust, ashes, garden
refuse, stable refuse, trade refuse, manure, garbage or any
other thing or matter in any public place, whether from a
moving or stationary vehicle or in any other manner;
(f) sieves, shakes, cleans, beats or otherwise agitates any

lime, ashes, sand, coal, hair, waste paper, feathers or other
substance in such manner that it is carried or likely to be
carried by the wind to any public place;
(g) throws or leaves behind any bottle, glass, can, food

container, food wrapper, particles of food or any other
article or thing in any public place;
shall be guilty of an offence under this section and may be arrested

without warrant by any police officer or by any officer or employee
of the local authority authorised in writing in that behalf by the local
authority and taken before a Magistrate’s Court and shall be liable on
conviction to a fine not exceeding five hundred ringgit, and in the
case of a second or subsequent conviction to a fine not exceeding one
thousand ringgit.
(2) Any person who, during the construction, alteration or

demolition of any building or erection or at any time whatsoever,
(a) deposits, drops, leaves or places, or permits or causes to

be deposited, dropped, left or placed in or onto any public
place, any stone, cement, earth, sand, wood or other
building material, thing or substance; or
(b) fails to take reasonable precautions to present danger to

the life, health or well-being of persons using any public
place or any other person from flying dust or falling
fragments or from any other material, thing or substance,
shall be guilty of an offence under this section and may be arrested

without warrant by any police officer or by any officer or employee
of the local authority authorised in writing in that behalf by the local
authority and taken before a Magistrate’s Court and shall be liable on
conviction to a fine not exceeding one thousand ringgit, and in the
case of a second or subsequent conviction to a fine not exceeding two
thousand ringgit.
(3) For the purposes of paragraph (1)(e)—
(a) where the thing or matter is dropped, split or scattered

from a vehicle or drops or spills therefrom, the driver or
person having charge or control of the vehicle shall be
deemed to have committed the offence, unless the offence
is committed by a person other than the driver or person
having charge or control of the vehicle and the identity of

the person who committed the offence can be established;
and
(b) where the driver of a motor vehicle is alleged or is

suspected to be guilty of the offence—
(i) the owner of the motor vehicle shall give such

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

charge or in control of the motor vehicle shall, if
so required as aforesaid, give any information
which it is in his power to give, and which may
lead to the identification of the driver, and if,
within seven days of the date on which the
information was required from him, he fails to do
so, he shall be guilty of an offence under this
section.
Presumption as to offender
(4) (a) If in any case it is shown that any dust or other substance
in this section mentioned has been deposited in any place in
contravention of this section in close proximity to any building or
land or that any such water or any offensive matter has run, drained
or been thrown or put upon or into any street or drain in

contravention of this section, it shall be presumed unless the contrary
is proved that the offence was committed by or by the permission of
the occupier of such building or land.
(b) Where, any act or thing is done by or omitted to be done by

an agent, servant or employee in the course of his duty as such, and
such act or thing constitutes an offence under this section his
principal, master or employer shall be liable for such offence as if
such act or thing had been done or omitted to be done by him unless
he can prove that it was done without his consent, connivance or
knowledge and that he had taken reasonable precautions and exercise
all due diligence to avoid the commission of such offence.
Interpretation, sections 46 and 47
48. For the purposes of sections 46 and 47—
“garden refuse” means the refuse from garden and agricultural

operations;
“public place” means any street, park, garden, promenade, fountain,

traffic island or circus, playground, river bank, whether above or
below high water mark, place of a public resort or any place to which
the public has access;
“stable refuse” means the dung or urine of horses, cattle, sheep,

goats or swine, and the sweepings or refuse or drainage from any
stables or cattle-sheds or places for keeping sheep, goats, swine or
poultry;
“trade refuse” means the refuse of any trade, manufacture or

business or of any building operations;
“vehicle” means any vehicle whether mechanically propelled or

otherwise.
PART III
*
DRAINS
49. *(Deleted by Act A867).
Local authority to construct and maintain drains and

watercourses
50. (1) The local authority may cause to be made and constructed
and maintained surface and storm water drains, culverts, gutters and
water-courses and if necessary the local authority may request the
State Authority to acquire any property in accordance with any law
relating to the compulsory acquisition of lands for the time being in
force in the State where the property is situate or may carry them
through, across or under any street or any place laid out as or
intended for a street or any cellar or vault which is under any street
and, after reasonable notice in writing in that behalf may carry them
into, through or under any enclosed or other lands whatsoever, doing
as little damage as may be and making full compensation for any
damage done:
Provided that no compensation shall be payable for any loss of

business due to any works done under this section.
(2) If any dispute arises touching the amount or apportionment of

compensation, the same shall be settled in the manner hereinafter
provided.

*
Local authority may recover cost of improving and making

drains, etc.
*51. (1) Where the local authority has made such main or has made
such surface or storm water drains, culverts, gutters and water-
courses, it may recover the cost of constructing and making such
surface or storm water drains, culverts, gutters and watercourses,
including the cost of acquiring any land or of any compensation paid
in the course of such works.
(2) Such cost shall be paid by the persons who are frontagers
when the work is completed.
(3) Notwithstanding subsection (2) the local authority may, with

the approval of the State Authority, if satisfied that by any proposed
development in any area existing surface or storm water drains,
culverts, gutters or water-courses will have to be improved, require
any developer in that area to deposit such sum as may be apportioned
by the local authority as if such developer were a frontager before
proceeding to develop that area:
Provided that the developer may, if the local authority so agrees,

instead of depositing a sum of money give a security to the
satisfaction of the local authority.
(4) In determining the respective amounts to be paid by the

frontagers or developers, the local authority may take into
consideration—
(a) the area of their respective premises;
(b) the use to which their respective premises will be put;
(c) the condition of the land, before, during and on

completion of development;
*
(d) the degree of benefit to be derived by those premises from

the construction of such surface or storm water drains,
culverts, gutters and water-courses;
(e) where any section of such surface or storm water drains,

culverts, gutters and water-courses has previously been
constructed, the amount and value of such works executed
by the frontager or developer;
(f) the cost of the premises voluntarily surrendered by the

(g) any other matters which in the opinion of the local

(5) If the frontager or developer is dissatisfied with such

apportionment of costs, he may within a period of one month of the
receipt of the notice appeal to the State Authority whose decision
shall be final and shall not be subject to any appeal or review in any
court.
Prohibition against building unless provision made for drains,

etc., and compliance with any notice or order
52. (1) No person shall erect upon any premises any building,
rebuild any building which has been pulled down to or below ground
floor or occupy any building so newly built or rebuilt unless surface
or storm water drains, culverts, gutters and water courses of such
specification as may be prescribed by the local authority, are
provided on such premises to carry off waters other than sewage.
(2) If it appears to the local authority that a group or block of

premises, whether contiguous, adjacent, detached or semi-detached
should be drained in combination, the local authority may order that
the waters other than sewage from such group or block of premises
shall be carried off by a combined operation.
(3) Where it appears to the local authority that any such drains,
culverts, gutters and water courses require altering, enlarging,
repairing or cleansing, it may by notice served on the owner or

owners of the premises require him to effect such works.
(4) Any person who contravenes subsection (1) or fails to comply

with the requirements of any notice or order shall be liable on
conviction to a fine not exceeding two thousand ringgit and shall also
day that the offence is continued after conviction.
(5) Where any person being required under the foregoing

subsections fails to provide such drains, gutters, culverts or water
courses or fails to comply with any notice or order under this section,
the local authority may enter into his premises and execute such
works and the cost and expenses of such works shall be recoverable
by the local authority in the manner hereinafter provided.
Local authority to repair and alter and may discontinue surface

and storm water drains, etc.
*53. (1) The local authority shall maintain and keep in repair and, as
it sees fit, enlarge, alter, arch over or otherwise improve all or any of
the surface and storm water drains, culverts, gutters, and water-
courses under the control of the local authority and may discontinue,
close up or destroy such of them as it deems useless or unnecessary:
Provided that the local authority shall before entering any private
property for the purpose of carrying out any work under this
subsection, give reasonable notice in writing in that behalf, and shall
in carrying out such works do as little damage as may be and shall
make full compensation for any damage done.
Not to cause nuisance
(2) The discontinuance, closing up or destruction of any of them

shall be done as not to create a nuisance.
*
(3) If by reason thereof or of any such alteration as hereinbefore

mentioned any person is deprived of the lawful use of any surface
and storm water drains, culvert, gutter or water-course, the local
authority shall with due diligence provide some other as effectual as
the one of which he is so deprived.
Cleansing and emptying surface and storm water drains, etc.
*54. (1) The local authority shall cause the surface and storm water
drains, culverts, gutters and water-courses under the control of the
local authority to be so constructed, maintained and kept as not to be
a nuisance or injurious to health and to be properly cleared, cleansed
and emptied and, for the purpose of flushing, cleansing and emptying
the same, it may construct and place, either above or under ground,
such reservoirs, sluices, engines and other works as are necessary:
Provided that the local authority shall, before entering any private
property for the purpose of carrying out any work under this
subsection, give reasonable notice in writing in that behalf, and shall
in carrying out such work do as little damage as may be and shall
make full compensation for any damage done.
(2) The local authority may, with the sanction of the State
Authority, cause all or any of such surface and storm water drains,
culverts, gutters and water-courses to communicate with and be
emptied into the sea or other fit place, or may cause the refuse from
the same to be conveyed by a proper channel to the most convenient
site for its deposit, and may sell or otherwise dispose of the said
refuse for any agricultural or other purposes as are deemed expedient
so that it shall not become a nuisance.
Penalty for making unauthorized drains into canal or stream

*55. (1) Any person who without the prior written permission of the
local authority—
*
(a) makes or causes to be made any drain into any of the

drains or into any canal or stream under the control of the
local authority;
(b) closes up stops or deviates any drains;
shall be liable on conviction to a fine not exceeding one thousand

ringgit, and a Magistrate’s Court on the application of the local
authority, shall make a mandatory order requiring the owner to
demolish, alter, re-make or otherwise deal with such drain as the
Court thinks fit.
Water closets and trade effluent not to communicate with river,

etc., without approval
(2) No water closet or privy shall be allowed to communicate

with any river, canal, stream, pond, lake, sea or with any public
surface or storm water drain without the prior written permission of
the local authority responsible for such drain or, in any other case,
without the consent of the State Authority.
(3) No trade effluent shall be discharged into or allowed to

communicate with any river, canal, stream, pond, lake, sea or with
any public surface or storm water drain without the prior written
permission of the local authority responsible for such drain or, in any
other case, without the consent of the State Authority and the local
authority or the State Authority may impose conditions to such
permission.
Penalty
(4) Any person who sends, causes or permits to be discharged or

sent into or along any river, canal, stream, pond, lake, sea or into or
along any public surface or storm water drain any night soil or
excrementitious matter contrary to subsection (2) or any trade
effluent contrary to subsection (3) or contrary to any conditions
imposed in the permission granted shall be liable on conviction to a
fine not exceeding one thousand ringgit for each offence and a
Magistrate’s Court shall on the application of the local authority or of

the State Authority as the case may be make a mandatory order
requiring the owner to take such steps as the Court thinks fit to
prevent any such communication or discharge.
Rainwater pipes not to be used as soil pipes
56. (1) No pipe used for the carrying off of rainwater from any roof
shall be used for the purpose of carrying off the soil or drainage from
any privy or water-closet or any sullage water.

conviction to a fine not exceeding five hundred ringgit and shall also
day during which the offence is continued after conviction.
Water pipes, etc., not to be used as ventilating shafts
57. (1) No water pipe, stack pipe or down spout used for conveying
surface water from any premises shall be used or be permitted to
serve or to act as a ventilating shaft to any drain or sewer.

conviction to a fine not exceeding five hundred ringgit and shall also
Interpretation
58. (1) In this section, unless there is something repugnant in the

subject or context—
“closet accommodation”, “sink accommodation” and “urinal

accommodation” include respectively a receptacle for human excreta,
for slops or waste house hold refuse or liquids and a receptacle for
urine, together, in each case, with the structure comprising such
receptacle and the fittings and apparatus connected therewith;
“bathroom accommodation” includes the bath or receptacle for

water together with the structure or room or enclosure adapted or
used for personal bathing or ablution and the fittings and apparatus
thereof and therein or connected therewith;
“water-closet” and “urinal” mean respectively closet and urinal

accommodation used or adapted or intended to be used in connection
with the water carriageway system and comprising provision for the
flushing of the receptacle by means of a fresh water supply, and
having proper communication with a sewer;
“sink” and “bathroom” mean respectively sink and bathroom

accommodation used or adapted or intended to be used in connection
with a permanent water supply and having proper communication
with a sewer;
“a sufficient water supply and sewer” means a water supply and

sewer which are sufficient and reasonably available for use in, or in
connection with the efficient flushing and cleansing of and the
efficient removal of excreta and urine from such number of proper
and sufficient water-closets and urinals as in pursuance of this section
may be required to be provided in any particular case or in
connection with a sink or bathroom, and a sewer shall be deemed
reasonably available for use which is within one hundred feet of the
boundary of the premises in which is situated the house in respect of
which closet, sink, urinal or bathroom accommodation is to be
provided.
Supply of water to closets and urinals
(2) Where there is a sufficient water supply and sewer the local
authority may by written direction to a submitting person, require
such house or building to be provided with such number of proper
and sufficient waterclosets, urinals, sinks, and bathrooms as in the
circumstances of the case are in the opinion of the local authority
necessary and such water-closets, urinals, sinks, and bathrooms shall
be communicated to the sewer.
(3) Where there is a sufficient water supply but no sewer, the

local authority may by written direction a submitting person, require
such house or building to be provided with either—
(a) such number of proper and sufficient water-closets,

urinals, sinks and bathroom together with a system for the
purification of sewage as and of a type which in the
opinion of the local authority the circumstances of the
case render necessary *and which complies with the
**
Water Services Industry Act 2006; or
(b) such number of chemical closets of a type approved by the

local authority as the local authority thinks fit.
(4) Any person who fails to comply with any requirement of the
local authority under subsection (2) or (3) shall be liable on
Sufficient supply of closet, sink, accommodation, etc.
(5) If the local authority is satisfied that insufficient closet, sink,

urinal or bathroom accommodation has been provided at or in
connection with any house or building, the local authority may, by
written notice to the owner or owners of the house or building require
such house or building to be provided with such proper and sufficient
closet, sink, urinal and bathroom accommodation as in the opinion of
the local authority is necessary.
(6) If the owner or owners of such house or building fail to

comply with any requirement of the local authority under subsection
(5) the local authority may, at the expiration of a period of time
which shall be specified in the notice and which period shall not be
less than thirty days after the service of the notice, do the work
*
**
required by the notice and may recover from the owner or owners the
expenses incurred in so doing.
When the owners must provide water-closets, etc.
(7) Where there is a sufficient water supply and sewer, the local
authority may by written notice require the owner or owners of any
house or building to provide in or adjacent to such house or building
such water-closets, sinks, urinals and bathrooms as in the opinion of
the local authority are necessary.
(8) If the owner or owners of such house or building fail to

comply with any requirement of the local authority under subsection
(7) the local authority may, at the expiration of a period of time
which shall be specified in the notice and which period shall not be
less than thirty days after the service of the notice, do the work
required by the notice and may recover from the owner or owners the
expenses incurred in so doing.
*
(9) (Deleted by Act A867).
Water pipe to be affixed to water-closets, etc., in certain houses
(10) In the cases mentioned in subsections (5) and (7) where the
house or building in question is not provided with a supply of water
for domestic purposes the local authority may provide, fix and install
to or for the house or building, water pipes leading from the public
water mains to the water-closets, urinals, sinks and bathrooms and
provide, fix and install such water fittings as it shall think necessary
and the expenses and cost of so doing shall be payable by and be
recoverable from the owner or owners of the house or building.
(11) In any case where, in accordance with subsection (10), the

local authority has provided, fixed and installed to or for a house or
building water pipes and fittings the local authority may enter into a
contract with the relevant authority in charge of the supply of water
*
to such house or building and the occupier of such house or building

shall pay to the local authority for the water consumed therein or
thereat at such rate as the local authority shall at its discretion in
writing order and the order or a copy thereof duly certified as a true
copy of such order shall be served upon the occupier within one
month of such order being made and save as provided above the
occupier shall be deemed to be the consumer with respect to the
supply of water, and such order may require the occupier to pay a
minimum monthly charge as determined by the local authority
whether or not the occupier consumes the water so provided during
any month.
Water-closet to be removed and replaced at the expense of owner
(12) The local authority may at any time give notice in writing to
the owner of any house or building in which any water-closet or any
fittings or apparatus connected with any water-closet has been
provided whether under subsection (2), (3), (5) or (7) or otherwise
requiring such owner to remove any such water-closet or any fittings
or apparatus connected therewith and to replace the same by another
water-closet or by other fittings or apparatus at such owner’s expense,
and if the owner of such house or building fails to comply with any
requirement of the local authority under this subsection the local
authority may at the expiration of any period specified in the notice,
which shall not be less than thirty days from the service thereof, do
the work required by the notice and recover from the owner of such
house or building the expense incurred in so doing.
Water-closets, etc., to be maintained, etc., at the expense of owner
(13) All water-closets, urinals, sinks and bath-waste water

fittings including those provided under subsection (2), (3), (5) or (7)
shall be maintained, repaired and renewed by the owner of the house
or building at his expense:
Provided that the cost of any repairs or renewals rendered necessary

by reason of any damage negligently or wilfully done to any water-
closet, urinal, sink or bath-waste water fittings by the occupier of the
house or building shall be recoverable by the owner from such

occupier.
Local authority may require drain, etc., to be put in good order

*
(14) The local authority may by notice require the owner or
owners of any building or land on which is situated any drain, urinal,
water-closet, sink or bathroom which is not properly maintained or
repaired or renewed to have such drain, urinal, water-closet, sink or
bathroom to be repaired, or renewed or put in proper order and if the
owner or owners fail to comply with the requirements of the local
authority, the local authority may at the expiration of the period of
time specified in the notice do the work required in the notice and
may recover from the owner or owners the expenses incurred in so
doing.
Local authority may require removal or alteration of urinals
59. (1) If any urinal or other sanitary convenience opening on any

street is so placed or constructed as to be a nuisance or offensive to
public decency, the local authority may, by notice in writing, require
the owner to remove or alter it to the satisfaction of the local
authority and within such period as may be fixed by the local
authority.
Urinals or water-closets to be attached to refreshment houses, etc.
(2) Where any public house, eating house, refreshment room,

theatre, cinema, exhibition or place of public entertainment has no
urinal or water-closet or insufficient urinals or water-closets
belonging or attached thereto, the local authority may, by notice in
writing, require the owner of the premises to provide and maintain
thereon one or more suitable urinals or water-closets in a suitable
position.
*
(3) Any owner who fails to comply with a notice under this
section within such period as is specified therein shall be liable on
conviction in respect of each offence to a fine not exceeding one
thousand ringgit and shall also be liable to a further fine not
exceeding one hundred ringgit for every day during which the
offence is continued after expiry of the period specified in the notice.
*60. (Deleted by Act A867).
Ventilating pipes to sewers
61. (1) The local authority may erect or fix to any building such
pipes as are necessary for the proper ventilation of the drains and
sewers belonging to it.
(2) Such pipes shall be erected so as not to occasion any nuisance

or inconvenience to such building or any building in the
neighbourhood.
PART IV
BACK-LANES
Local authority may acquire land for part of back-lane
65. (1) Where upon the submission of a plan relating to a building

for the approval of the local authority it appears that the site thereof
or any land set apart by the principal submitting person abuts upon
*
any land capable of forming part of a back-lane, the local authority

may, request the State Authority to acquire such last mentioned land,
in accordance with any law relating to the compulsory acquisition of
land:
Provided that no land shall be acquired under this subsection the

acquisition of which would cause a severance of land from other land
forming part of the same holding.


of the holding the State Authority shall, if the owner so requires
Compensation where setting apart causes severance
(4) In cases where a setting apart would cause a severance of land

belonging to the owner from other land forming part of the same
holding, then if the lesser portion of the land so severed has been
rendered useless as a building site on account of the severance the
State Authority shall if the owner so requires acquire such lesser
portion.
State Authority may order back-lanes to be laid out
66. (1) The State Authority may at any time on the

recommendation of the local authority, order that a back lane of a
width not exceeding forty feet shall be laid out through any lands.
(2) The lands specified in the order made under subsection (1)
may be acquired for purpose of providing such back-lane and the
local authority may request the State Authority to acquire such lands
in accordance with any law relating to the compulsory acquisition of
land.
Specification of additional land in the order
(3) Any land which, in the opinion of the State Authority, may be
required to be acquired by it under the provisions of subsection (4) or
(5) or which abuts on or is near to the site of the back-lane may be
specified in the order made under subsection (1) in addition to the
land required for the site of the back-lane.


of the holding, the State Authority shall, if the owner so requires,
Local authority may recover cost of acquisition for and laying out
or construction of back-lanes
67. (1) When the State Authority has acquired such lands as is
necessary and the local authority has laid out or constructed a back
lane, the local authority may recover the cost of acquiring such lands
and of laying out or constructing the back-lane from the frontagers or
developers or both.
(2) If such cost is to be paid by the frontagers it shall be paid by

the persons who are frontagers when the work is completed.
(3) In determining the respective amounts to be paid by such

frontagers or developers, the local authority shall take into
consideration—
(a) the frontage of their respective premises to such back-

lane;

the laying out or construction of such back-lane;
(d) the cost of the premises voluntarily surrendered by the

(e) any other matters which in the opinion of the local

(4) Any back-lane laid out or constructed by the local authority

shall be maintained by the local authority.
(5) For the purpose of subsections 65(2), (3), (4) and (5), section
66 and this section in relation to the Federal Territory, references to
the State Authority shall be construed as references to the
Government of the Federation.
Declaration of back-lane as public street
68. Notwithstanding the provisions of this Part, the local authority

may declare any back-lane to be a public street in accordance with
the procedure laid down under section 13.
General provisions as to back-lanes
69. (1) In this Act and in by-laws made thereunder the expression
“back-lane” includes every back-lane whether now or hereafter
existing and part thereof and any approach thereto and all land
already or hereafter acquired or set apart for or laid out as a back lane
and all channels, drains and appurtenances of a back-lane.
(2) The local authority may at any time at its sole discretion close
up or otherwise prevent ingress, egress or regress over any back-lane
controlled by it or any part thereof either totally or conditionally.
Removal of obstruction
(3) No person shall erect or maintain or permit to be erected or

maintained any obstruction in or over any back-lane, and the local
authority may, where any such obstruction exists, take down and
remove the same and the cost and expense of taking down or
removing such obstruction may be recovered from the person
responsible for or who permitted its erection or maintenance in the
manner hereinafter provided.
PART V
BUILDINGS
Notice of new buildings
70. (1) No person shall erect any building without the prior written
permission of the local authority.
*
(2) Any person who intends to erect any building shall cause to
be submitted by a principal submitting person or submitting person—
(a) to the local authority such plans and specifications as may

be required by any by-laws made under this Act; and
(b) to the relevant statutory authority such plans and

specifications as may be required by any other written
law.
(3) No plans for the erection of a building shall be approved—
(a) if the building is to be erected on any holding abutting on

or having access to any new street or proposed new street,
until plans for such new street have been approved by the
local authority under the provisions of this Act;
(b) before any deposit, required to be made under the

provisions of section 18 has been made or unless such
building or class of buildings have been exempted from
the provisions of subsection 17(1) by the State Authority;
and
(c) before any other conditions which the local authority may
deem necessary to impose have been complied with.
Local authority may give directions
(4) The local authority may give written directions to the

principal submitting person or submitting person with regard to any
of the following particulars:
(a) compliance with this or any other Act or any by-laws,

orders, rules or regulations made thereunder;
*
(b) the site of any building and the space to be left about any
building to secure free admission of light and circulation
of air and to facilitate scavenging;
(c) the levels at which the foundation and lowest floor are to
be laid;
(d) the raising of the level of the site to form a stable and
healthy foundation and the materials to be used in raising
the same;
(e) the line of frontage with neighbouring buildings, if the

building abuts on or is within fifty feet of a public street;
(f) the front elevation, and where the side elevation abuts on
or is within fifty feet of a public street the side elevation;
(g) the setting forward or back of building to the regular line

of street as defined in section 23;
(h) the class, design and appearance of the building is to be

erected in a district, locality or street in which only
buildings of a certain class, design or appearance may be
erected;
(i) the provision of a sufficient and pure water supply within

a reasonable distance of the building;
(j) the setting back of buildings to any building line;
(k) the provision and construction of an arcade or paved

footway for use of foot passengers along any portion of
the building lot which abuts on a street.
(5) The principal submitting person or submitting person to

whom any written directions are given shall amend the plans and
specifications accordingly and re-submit the amended plans and
specifications within such period as the local authority may specify.
(6) Where such amended plans are not re-submitted within the
specified period, or such extended period, they shall not be re-
considered and shall be deemed to have been withdrawn but he may
submit fresh plans and specifications.
Buildings directed to be set forward
(7) Where a building is directed to be set forward to a regular line

of street, it shall be a sufficient compliance with such direction if a
wall or fence of such materials and dimensions as may be approved
by the local authority is erected at a distance from the line sufficient
to provide any arcade or footway which may be required under this
Act.
Compensation where building directed to be set back
(8) If the local authority directs the principal submitting person to

set such building back to a regular line of street, the local authority
may take possession of the land within the regular line of street and
the land so taken possession of shall be acquired by the State
Authority at the request of the local authority in accordance with any
law relating to the compulsory acquisition of land and shall
thenceforth be deemed a part of the public street.
Notice of commencement of resumption of building operations
(9) No person shall commence the erection of a building or

resume the erection of a building in any case where the work of
erection has been suspended for a continuous period exceeding three
months unless—
(a) such work is commenced or resumed, as the case may be,

within twelve months from the date on which the plans
and specifications of such building were approved by the
local authority; and
(b) he has given the local authority four days’ notice in

writing of his intention to commence or resume such
work, as the case may be.
(9A) Notwithstanding subsection (9), no person shall commence the

erection of a building unless a copy of the detailed structural plans of
the building together with a legible copy of its structural calculations
and any other particulars, documents or reports as may be required by
the local authority have been submitted.
(10) For the purposes of paragraph (9)(a), “plans and

specifications” means the plans and specifications originally
approved by the local authority but does not include any amending
plans or specifications subsequently approved by the local authority
in connection therewith.
(11) Any person who makes any alteration to any building

otherwise than is provided for in this Act or by-laws made thereunder
or without the prior written permission of the local authority shall be
liable on conviction to a fine not exceeding twenty-five thousand
ringgit and a Magistrate’s Court shall, on the application of the local
authority, issue a mandatory order to alter the building in anyway or
to demolish it.
(12) Any person who uses any building or part of a building for a
purpose other than which it was originally constructed for without the
prior written permission from the local authority shall be liable on
conviction to a fine not exceeding twenty-five thousand ringgit and
shall also be liable to a further fine not exceeding five hundred ringgit
for every day during which the offence is continued after a notice to
cease using for other purpose has been served on such person.
(a) commences or resumes the erection of a building in

contravention of subsection (9);
(aa) commences the erection of a building in contravention of

subsection (9A);
(b) deviates from any plan or specification approved by the

local authority without the prior written permission of the
local authority;
(c) erects a building in contravention of this Act or of any of

the by-laws made thereunder; or
(d) fails to comply with any lawful order or written direction

of the local authority or with any term or condition
attached by the local authority to any modification or
waiver of any of the requirements of any by-law,
shall be liable on conviction to a fine not exceeding fifty thousand

ringgit or to imprisonment for a term not exceeding three years or to
both and shall also be liable to a further fine of one thousand ringgit
for every day during which the offence is continued after conviction.
(14) In any case where proceedings have not been instituted

against any person who, by reason of failure to obtain prior
permission from the local authority, has contravened subsection (13)
such person shall, on the submission of plans and specifications to the
local authority by the principal submitting person or submitting
person in accordance with this Act, pay to the local authority a sum
which shall be not less than five times but not exceeding twenty times
the prescribed fees as the State Authority may prescribe, and in the
event of plans and specifications being submitted without such
payment, the local authority shall refuse to accept the same.
(15) A Magistrate shall, on the application of the local authority

or of a public officer authorized by the local authority in writing in
that behalf, make a mandatory order requiring any person convicted
of an offence under the provisions of subsection (13) to alter in any
way or demolish the building.
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 super-structure 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 subparagraph (b)(ii), paragraph (f), (g) or
(h) 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), 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 authorized 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 non-compliance

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.
(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 non-
compliance;
(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.
Earthworks
70A. (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 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 everyday 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) 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.

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 anyby-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, 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.
Order to review safety and stability in the course of erection of

building
70B. (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 person 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 paragraph (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 stabilization 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 matters 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) paragraph (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.

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), paragraph

(7)(a) or subsection (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.
(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.
Revocation of approval of any plan, specification and permission
70C. Where a person has been convicted for an offence under

subsection 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 of building.
Inspection of erection of building at any stage and taking of

sample for analysis
70D. (1) Nothing contained in this Act shall prevent the local
authority or any person authorized 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.

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.
Penalty for failure of building or earthworks
71. 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.
Demolition or removal of unauthorised building
72. (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

erectionof such building;
*
NOTE—Previously “fifty thousand ringgit”–see Street, Drainage and Building (Amendment) Act 1994
[Act A903].
(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.
Penalty for letting out and sale of unauthorized building
73. (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.
(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

unauthorized 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.
Modification or waiver of by-laws
74. (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

representations 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.
Land to be set apart for back-lane
75. (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 the owner
reimburses the local authority for any moneys at any time
paid for the acquisition by any means of 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 back-lane 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 paragraph (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.

Prohibition of building on insanitary ground
76. (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.
Buildings over public sewers, private connection pipe, etc., not to

be erected without consent of local authority
*77. 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.
Removal of roofs and walls made of combustible materials
78. (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.
Erection of compartments, galleries, lofts, etc., in buildings
79. (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, roof,
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;

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
Movable shed not to be erected without permission
80. 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.
Local authority may cause drains to be made for premises which

are not properly drained
*81. (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.
Hoardings to be set up during building operations
82. (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.
Powers as regards building in ruinous and dangerous state
83. (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 requirements 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

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.
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.
Power to shut up and secure deserted buildings
84. (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.
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.
Building to which public have access to be clean
85. (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
paragraph (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.
Periodical inspection of buildings
85A. (1) In this section—
NOTE—Previously “one thousand ringgit” and “one hundred ringgit”–see Street, Drainage and
*
Building (Amendment) Act 1994 [Act A903].

“engineer” means a Professional Engineer registered under the

Registration of Engineers Act 1967 [Act 138];
“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 paragraph (6)(b) or the full
structural investigation report and recommendations of the engineer
submitted under paragraph (6)(e),—
(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
(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.
Nuisances liable to be dealt with summarily under this Act
86. 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 brickfield, 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.
Notice requiring abatement of nuisance
87. (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 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.
On non-compliance with notice, nuisance order to be made
88. (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 abatement 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 dwelling house
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 the 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
dwelling house, 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 authorized 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.
Order for demolition of house unfit for habitation
89. (1) Where a closing order has been made in respect of any
dwelling house 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; the necessary steps are not being taken with all
due diligence to render it so fit; or
(b) 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.
Execution of Order for demolition
90. (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 authorized 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.
PART VI
MISCELLANEOUS
Mandatory order
91. (1) Whenever any owner or occupier is required under this Act
to erect or remove any building or thing or to perform any other work
to which the provisions of this Act apply, and such owner or occupier
after due notice fails to erect or remove such building or thing or to
perform such work within the specified time, the local authority may
make a complaint and the Magistrate’s Court upon hearing the
complaint shall make on such owner or occupier a summary order, in
this Act referred to as a “mandatory order” requiring such owner or
occupier to execute the required work.
Terms of mandatory order
(2) A mandatory order shall require the person to whom it is

directed to execute any work which the court is authorized to require
to be executed within a time to be specified in such order and shall
also require such person to pay to the local authority a sum for costs
and expenses incurred in obtaining such mandatory order.
Penalty for non-compliance
(3) (a) Any person to whom the order is addressed who fails to
comply with the requirements of a mandatory order 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 two hundred
and fifty ringgit a day during his default.
(b) Where the person fails to comply with the order, the local
authority may enter the premises and execute the work so required to
be executed and the expenses thereby incurred by the local authority
shall be recoverable from the person in default in accordance with
any law relating to the recovery of fines.
Provision as to appeal against order
92. (1) Where a person appeals to the High Court against a

mandatory order, no liability to a fine shall arise nor, save as in this
section mentioned, shall any proceedings be taken or work done
under such order until after the determination or abandonment of
such appeal.
Penalty where appeal fails
(2) Where a mandatory order is made and a person does not

comply with it and appeals against it to the High Court and such
appeal is dismissed or is abandoned, the appellant shall be liable on
conviction to a fine not exceeding two hundred and fifty ringgit a day
during the non-compliance with the order, unless he satisfies the
court before which proceedings are taken for imposing a fine that
there was substantial ground for the appeal and that the appeal was
not brought merely for the purpose of delay and, where the appeal is
heard by the High Court, the court may, on dismissing the appeal,
impose the fine as if the court were the court before which the
summons was returnable.
Proceedings pending appeal
(3) Where a mandatory order is made on any person and appealed

against and the court which made the order is of opinion that the non-
execution of the mandatory order will be injurious or dangerous to
public health or safety and that the immediate execution thereof will
not cause any injury which cannot be compensated by damages, such
court may authorise the local authority immediately to execute the
work.
(4) The local authority, if it does so and the appeal is successful,

shall pay the cost of such execution there and the damages, if any,
sustained by the said person by reason of such execution thereof, but,
if the appeal is dismissed or abandoned, the local authority may
recover the cost of such execution thereof from the said person.
Proceedings where owner is unknown
93. (1) Where the name or address of the owner of any premises
with regard to which a Magistrate’s Court is empowered to make a
mandatory order is unknown and cannot with reasonable diligence be
discovered, such court may issue a summons addressed to the owner
of the premises.
(2) Such summons may be served in the manner specified in

section 120.
(3) If the owner does not appear upon the hearing of the
summons, such court may make such an order upon him in his
absence as it might have made in his presence except that it shall not
inflict any fine upon him.
In case of urgency order may be made ex parte
94. (1) If in any case in which a Magistrate’s Court has jurisdiction

to make a mandatory order, the court is of the opinion that the matter
complained of will be injurious or dangerous to public health or
safety and the immediate execution of the work will not cause any
injury which cannot be compensated by damages, such court may, by
an ex parte order, authorize the local authority immediately to
execute such work.
(2) If the application for a mandatory order is subsequently

refused, the local authority shall pay the damages, sustained by any
person thereby, but if the mandatory order is subsequently granted the
local authority may recover the cost of the work.
Protection of the State Authority and officers from personal

liability
95. (1) No matter or thing done and no contract entered into by any
State Authority and no matter or thing done by any officer employed
in the administration of this Act or other person whomsoever acting
under the direction of any State Authority shall if the matter or thing
was done or the contract was entered into bona fide for the purpose of
executing this Act, subject them or any of them personally to any
action, liability, claim or demand whatsoever.
(2) The State Authority, local authority and any public officer or
officer or employee of the local authority shall not be subject to any
action, claim, liabilities or demand whatsoever arising out of any
building or other works carried out in accordance with the provisions
of this Act or any by-laws made thereunder or by reason of the fact
that such building works or the plans thereof are subject to inspection
and approval by the State Authority, local authority, or such public
officer or officer or employee of the State Authority or the local
authority and nothing in this Act or any by-laws made thereunder
shall make it obligatory for the State Authority or the local authority
to inspect any building, building to ascertain that the provisions of
this Act or any by-laws made thereunder are complied with or that
plans, certificates and notices submitted to him are accurate.
Indemnity by local authority
96. Any expense incurred by any State Authority, officer or other

person acting in accordance with the provisions of section 95 shall be
borne by the local authority.
Power to enter upon lands for the purposes of this Act
97. Any local authority may, for the purposes of this Act, by its
officers, employees, agents or contractors, enter at all reasonable
hours in the daytime into and upon any building or land as well for
the purpose of making any survey or inspection as for the purpose of
executing any work authorized by this Act to be executed by it
without being liable to any legal proceedings or molestation

whatsoever on account of such entry or of anything done in any part
of such building or land in pursuance of this Act:
Proviso
Provided that the local authority shall not enter into any dwelling
house in actual occupation, except with the consent of the occupier
thereof or after giving twenty four hours’ previous notice to such
occupier:
Provided also that the State Authority may declare that any class of
premises, for the control and supervision of which by-laws may be
made under this Act, are liable to night inspection, and thereupon any
officer, employee, agent or contractor in that behalf duly authorized
in writing may, at any time of the day or night and without notice,
enter using such force as may be necessary into and search or inspect
any premises of the class specified in the declaration.
Power of any authority to enter on lands adjacent to works
98. (1) Any local authority may, by its officers, employees, agents
or contractors, enter upon any land adjoining to or being within the
distance of one hundred yards of any works by this Act authorized to
be made, for the purpose of depositing upon such land any soil,
gravel, sand, lime, brick, stone or other materials or for any other
purposes connected with the formation of the said works without
making any previous payment, tender or deposit, doing as little
damage as may be in the exercise of the several powers hereby
granted and making compensation for such temporary occupation or
temporary damage of the said land two the owner and occupier
thereof from time to time and as often as any such temporary
occupation is taken or any such temporary damage done and making
compensation to the owner also for the permanent injury, if any, to
such land.
(2) If any dispute arises touching on the amount or apportionment

of such compensation, the same shall be settled in the manner
hereinafter provided.
(3) Before any local authority makes any such temporary use as
aforesaid of the land adjoining or lying near to the said works, it shall
give seven days’ notice of its intention to the owners or occupiers of
such land and shall set apart by sufficient fences so much of the land
as is required to be used as aforesaid from the other land adjoining
thereto.
Any local authority in executing works to provide alternative

roads, etc., where existing ones are interrupted, etc.
99. (1) Any local authority in executing any works directed or

authorized to be made shall provide and make a sufficient number of
convenient ways, water-courses, drains and channels in the place of
such as are interrupted, injured or rendered useless by reason of the
execution of such works.
(2) The local authority shall make reasonable compensation to

any person who suffers damage by reason of the same, the amount of
such compensation in case of dispute to be ascertained and
determined in the manner hereinafter provided.
Penalty for obstructing any authority in its duty
100. Any person who at any time hinders, obstructs or molests any
local authority or any of its officers, employees, agents or contractors
in the performance and execution of its duty or of anything which it is
respectively empowered or required to do by virtue or in consequence
of this Act or removes any mark set up for the purpose of indicating
any level or direction necessary to the execution of works authorized
by this Act, shall be liable on conviction to a fine not exceeding *one
*
NOTE—Previously “two hundred ringgit” and “three months imprisonment–see Street, Drainage and
thousand ringgit or to imprisonment for a term which may extend to

six months.
Compensation, damages and costs to be determined by court
101. (1) Except as herein otherwise provided in all cases when

compensation, damages, fees, costs or expenses are by this Act
directed to be paid by the local authority to any person or by any
person to any other person the amount and, if necessary, the
apportionment of the same and any question or liability shall, in case
of dispute or failure to pay, be summarily ascertained and determined
by a Magistrate’s Court.
(2) If the amount of compensation, damages, fees, costs or

expenses is not paid by the party liable to pay the same within seven
days after demand, such default may be reported to a Magistrate’s
Court and such amount recovered in the same way as if it were a fine
imposed by a Magistrate’s Court.
(3) An appeal shall lie to the High Court from any decision of a
Magistrate’s Court under this section, and the provisions of the
Criminal Procedure Code [Act 593] shall mutatis mutandis apply to
all such appeals.
Where occupier defaults owner may execute work
102. Whenever default is made by an owner of any premises in the

execution of any work required under this Act to be executed by him,
an occupier of such premises may, with the approval of the local
authority, cause such work to be executed and the expense thereof
shall be paid to him by the owner or the amount may be deducted out
of the rent from time to time becoming due from him to such owner
and such occupier may, in the absence of any special agreement to
the contrary, retain possession until such expense has been fully
reimbursed to him.
Exemption of agent who has no funds in hand
103. (1) No person receiving the rent of premises as receiver or

agent for another person shall be liable to do anything by this Act
required to be done by the owner of such premises if, after he or the
actual owner has been required to do any work, such person gives
notice to the local authority, within seven days after such requisition
has been made, that he has not sufficient funds of the person on
whose behalf he is receiving the rents to pay for such work.
(2) In such case the local authority may itself execute the work
and the expenses incurred thereby shall be charged and recoverable in
the manner hereinafter provided.
Recovery of expenses and costs payable by owners
104. (1) All and any sums payable by or recoverable from the owner
or owners in respect of expenses and costs incurred by the local
authority in or about the execution of any work which are, under this
Act recoverable from the owner or owners of any premises shall,
subject and without prejudice to any other rights of the local
authority, be a first charge on the premises in respect of which such
expenses or costs have been incurred.
(2) In addition to any other remedies conferred by this Act any

such sum may be recovered in the manner hereinafter provided, and
the person or persons liable to pay the same shall be the owner or
owners at the time when the work was completed.
(3) Any occupier who when requested by or on behalf of the local

authority to state the name of the owner of the premises refuses or
wilfully omits to disclose or wilfully mis-states the same shall, unless
he shows cause to the satisfaction of the court for his refusal or mis-
statement, be liable on conviction to a fine not exceeding five
hundred ringgit.
Proceedings in default
(4) If any such sum remains unpaid at the expiration of the

prescribed time, a notice shall be served upon the person or any one
of the persons, if more than one, liable to pay the same, calling on
him to pay the same together with a fee of such amount as may be
prescribed for the cost of the notice, within fifteen days of the service
of such notice.
(5) If no person liable to pay the same can be found, such notice
shall be deemed to have been duly served by the posting thereof at
the office of the local authority and by fixing a copy thereof on some
conspicuous part of the premises in respect of which such expenses or
costs have been incurred.
(6) At the expiration of the said period of fifteen days or such

further period as may be allowed by the local authority, if any such
sum or any part thereof remains due and unpaid, it shall be deemed to
be in arrears and may be recovered in the manner hereinafter
provided.
(7) The charge hereinbefore mentioned shall attach, and the

powers and remedies hereinbefore conferred shall become
exercisable as from the date of completion of the work, and thereafter
such powers and remedies may be exercised against the premises or
against any movable property or crops for the time being found
thereon, notwithstanding any change or changes in the ownership or
occupation of the premises subsequent to the said date.
Recovery of expenses and costs by instalments
105. (1) When any local authority has incurred expenses and costs
in or about the execution of any work, which are, under this Act,
payable by or recoverable from the owner or owners, the local
authority may either recover such expenses and costs in manner
hereinbefore provided or, if it thinks fit, may take an engagement or
engagements from such owner or owners for the payment of such
instalments as will be sufficient to defray the whole amount of such
expenses and costs with interest thereon at a rate not exceeding six
per centum per annum, within a period not exceeding ten years.
(2) Upon default in payment of any instalment or interest upon

the date appointed for payment thereof by any such engagement, the
whole of the balance then outstanding of such amount, together with
any interest in arrears, shall immediately become due and payable
and, notwithstanding any charge in the ownership or occupation of
the premises since the date of the engagement, may be recovered by
the same means and in like manner as provided in section 104.
Proceedings for recovery of arrears
106. (1) For the recovery of arrears the local authority shall have
and may exercise, either successively or concurrently, in addition to
any other remedies conferred by this Act, either or both of the powers
following, that is to say:
(a) the local authority may issue a warrant of attachment and

may seize by virtue thereof any movable property and
crops of any person liable to pay the arrears and may also
seize any movable property or any crops to whomsoever
belonging which are found on the premises in respect of
which the arrears are due and may, after service of the
prescribed notice, sell the same by public auction in the
prescribed manner;
(b) the local authority may, by notice of sale to be served or

published in the prescribed manner, declare its intention of
selling, at the expiration of three months from the date of
such notice of sale, the premises in respect of which the
arrears are due and, if, at the expiration of such period,
such arrears have not been paid or satisfied, the local
authority may sell by public auction, in lots or otherwise,
the whole of such premises or such portion thereof or such
interest therein as it deems sufficient for recovery of such
arrears and costs:
Provided that the local authority shall not proceed under paragraph
(b) to sell the premises in respect of which the arrears are due, or any
portion thereof or interest therein, where there is or are upon the
premises and liable to be seized and sold under paragraph (a)
movable property or crops belonging to the owner of a value
estimated by the local authority to be sufficient to realize the sum
required to satisfy the arrears and costs.
(2) Any tenant, subtenant, or occupier, who, in order to avoid the

seizure or sale of his property for non-payment of arrears payable by
the owner of the premises, pays such arrears and costs may thereafter,
in the absence of any written agreement to the contrary, deduct the
amount so paid by him from the rent due or to become due by him to
his immediate landlord on account of the premises or such part
thereof as is held or occupied by him, and may retain possession until
such amount has been fully reimbursed to him whether by deduction
from the rent or otherwise. Any tenant or sub-tenant who has
reimbursed, whether by allowing a deduction from his rent or
otherwise, any subtenant or occupier holding or occupying under him
the amount so paid by such subtenant or occupier shall have a similar
right to deduct the amount from the rent due or to become due to his
immediate landlord and to retain possession until similarly
reimbursed.
(3) The receipt of any duly authorized public officer for any
amount so paid by any such tenant, subtenant or occupier shall be
deemed an acquittance in full for the like amount of rent.
(4) If any premises in respect of which arrears are due, or any

such movable property or crops as are mentioned in subsection (1) or
the proceeds of sale thereof are already in the custody of the law
under any process of execution whereby the local authority is unable
to exercise the remedies herein before conferred, the local authority
may notify the sheriff or the bailiff of the court concerned of the
amount of the arrears, and shall be entitled without obtaining a
judgment to be paid such amount out of the proceeds of sale of such
premises or property in priority to the judgment debtor and to the
judgment creditor and to any other creditor.
(5) A certificate from the local authority shall, unless the same be
disputed by the judgment debtor, be prima facie evidence of the
amount of such arrears, and, in case of dispute, the amount shall be
summarily determined by a Magistrate’s Court.
Attachment
107. (1) The attachment mentioned in paragraph 106 (1)(a) may be

made by a person appointed for the purpose by the local authority
who shall publicly notify the attachment and shall take an inventory
of the property attached.
(2) Such person shall be deemed to be a public servant within the

meaning of the Penal Code [Act 574].
(3) Such person may break open in daytime any house or building
for the purpose of effecting such attachment.
Application of proceeds
108. (1) The proceeds of a sale under subsection 106(1) shall be

applied in the first place in satisfaction of the arrears together with
interest thereon at the rate of six per centum per annum and costs.
(2) In the event of there being any surplus remaining the local
authority shall, if satisfied as to the right of any person claiming such
surplus, pay the amount thereof to such person or, if not so satisfied,
shall hold the amount in trust for the person who may ultimately
succeed in due course of law in establishing his title
thereto.
(3) If no title is established to such surplus within a period of two

years from the date of the sale, it shall be paid into the Improvement
Service Fund of the local authority.
Title conferred by purchase at sale under section 106
109. (1) The purchaser at a sale held under paragraph 106(1)(b) shall
be deemed to have acquired the right offered for sale free from all
subordinate interests derived from it except such as are expressly
reserved by the local authority at the time of sale.
(2) The local authority shall notify in such manner as it deems fit
the result of the sale and the conveyance to the purchaser of the
property or right offered for sale.
Cost of proceedings for recovery of arrears
110. All costs of any proceedings for the recovery of arrears may be
recovered as if they formed part of such arrears.
Power to stop sale
111. If any person having any interest in any property liable to be

sold at any time previous to such sale tenders to the local authority
the arrears with interest and costs, the local authority shall thereupon
desist from all further proceedings in respect thereof.
Application to court
112. (1) If any person whose movable property, crop or land has
been attached or advertised for sale disputes the propriety of the
attachment or sale, he may apply for an order to stay the proceedings.
(2) The court, after hearing the local authority and making such
further inquiry as is necessary, shall make such order as is just.
Security to be given
113. No application shall be entertained by the court under section

112 unless the applicant has deposited in court the amount of the
arrears and costs or given security for the same to the satisfaction of
the court.
Liability of transferor
114. (1) Every person who sells or transfers any property in respect
of which costs and expenses have been incurred by the local authority
in or about the execution of any work which are, under this Act,
recoverable from the owner thereof shall continue to be liable for the
payment of all such costs and expenses payable in respect of such
property and for the performance of all other obligations imposed by
this Act upon the owner of such property which become payable or
are to be performed at any time before such notice of transfer has
been given.
(2) Nothing herein shall affect the liability of the purchaser or

transferee to pay such expenses or costs in respect of such property or
affect the right of the local authority to recover such costs and
expenses from or to enforce any obligation under this Act against the
purchaser or transferee.
Proceedings if an occupier opposes the execution of works
115. (1) If the occupier of any premises prevents the owner thereof
from carrying into effect in respect of such premises any of the
provisions of this Act after notice of his intention so to do has been
given by the owner to such occupier, a Magistrate’s Court, upon
proof thereof and upon application of the owner, may make an order
in writing, requiring such occupier to permit the owner to execute all
such works with respect to such premises as are necessary for
carrying into effect the provisions of this Act and may also, if it
thinks fit, order the occupier to pay to the owner the costs relating to
such application or order.
(2) If after the expiration of eight days from the date of the order
such occupier continues to refuse to permit such owner to execute
such works, such occupier shall, for every day during which he so
continues to refuse, be liable on conviction to a fine not exceeding
one hundred ringgit, and every such owner during the continuance of
such refusal shall be discharged from any penalties to which he might
otherwise have become liable by reason of his default in executing
such works.
Disposal of matters and things removed by local authority
116. (1) Any matter or thing removed by any local authority in

executing any work which it is entitled to execute under this Act shall
except as otherwise provided be the property of the local authority
and may be sold by public auction or, if the local authority thinks the
circumstances of the case require, may be sold otherwise or be
disposed of without sale.
(2) The moneys arising from the sale may be retained by the local
authority and applied in or towards the expenses incurred and the
surplus, if any, shall be paid on demand to the owner of such matter
or thing.
(3) If such surplus is not claimed within two years it shall be paid
into the Improvement Service Fund of the local authority.
(4) If any matters or things belonging to several persons are

removed by the local authority in executing any such work, it shall
cause such matters or things, if sold, to be sold separately.
Licences to be discretionary
117. (1) The grant or renewal of any licence in pursuance of this Act
or any by-laws made thereunder shall be in the discretion of the local
authority or person authorized to grant or renew the same and a
licence may be granted, renewed or refused without assigning any
reason therefor and may be granted or renewed subject to such
restrictions and conditions as the local authority or person granting or
renewing the same may think fit and such licence shall be subject to
suspension or revocation at any time without compensation and
without notice by the local authority upon breach of any restriction or
condition subject to which it was issued.
(2) The local authority or person authorised to grant or renew

such licence may require any applicant therefor to furnish such
information as the local authority or that person may reasonably
require for a full and proper consideration of the application and in
the event of a refusal to furnish such information shall refuse to grant
or renew such licence.
(3) Save as otherwise provided any licence granted or renewed in

pursuance of this Act or any by-laws made thereunder may be for
such period not exceeding twelve months as the local authority thinks
fit.
(4) There shall be charged for the grant or renewal of any licence
such fee, if any, as may be prescribed.
(5) No such licence shall be transferable without the consent of

(6) Save as otherwise provided any person aggrieved by the

refusal by any local authority to grant or renew a licence or by the
suspension or revocation by such local authority of any licence may
within the month of such refusal, suspension or revocation appeal to
the State Authority whose decision thereon shall be final.
(7) In this section “licence” includes any approval, consent

permit, permission, authorization or licence which may be granted in
pursuance of this Act or any by-laws made thereunder.
Notices, etc.
118. The State Authority may prescribe the form of notices and
other documents issued under this Act.
Receipts and notices may be given by officer authorized

thereunto
119. (1) All notices, orders, receipts, warrants and other documents
of whatsoever nature which a local authority is empowered to give by
this Act or any by-laws made thereunder may be given by any officer
or employee authorized thereunto by the local authority.
(2) Where any such notice, order, receipt, warrant or document

requires authentication, the signature or a facsimile thereof of the
local authority or any officer or employee authorized thereunto by the
local authority affixed thereto shall be sufficient authentication.
Service of notices
120. (1) Every notice, order, summons or document required or

authorized by this Act or any by-laws made thereunder to be served
on any person may be served—
(a) by delivering the same to such person or by delivering the

same at the last known place of abode of such person to
some adult member or servant of his family;
(b) by leaving the same at the usual or last known place of

abode or business of such person in a cover addressed to
such person; or
(c) by forwarding the same by post in a prepaid cover

addressed to such person at his usual or last known place
of abode or business.
(2) A notice, order, summons or document required or authorized

by this Act or any by-laws made thereunder to be served on the
owner or occupier of any premises shall be deemed to be properly
addressed if addressed by the description of the “owner” or
“occupier” of such premises without further name or description.
(3) A notice, order, summons or document required or authorized

by this Act or any by-laws made thereunder to be served on the
owner or occupier of any premises may be served by delivering the
same or a true copy thereof to some adult person on the premises or,
if there is no such person on the premises to whom the same can with
reasonable diligence be delivered, by affixing the notice, order,
summons, or document to some conspicuous part of the premises.
Default in compliance with notice. General penalty
121. (1) When any notice under this Act or any by-laws made
thereunder requires any act to be done or work to be executed by the
owner or occupier of any premises and default is made in complying
with the requirement of such notice, the person in default shall, where
no fine is specially provided for such default, be liable on conviction
to a fine not exceeding *ten thousand ringgit or if any work is
required to be done, not exceeding one thousand ringgit a day.
(2) When any such notice requires any act to be done or work to
be executed for which no time is fixed by this Act or any by-laws
made thereunder, it shall fix a reasonable time for complying with the
requirement.
Court for trial of offences
122. Any offence under this Act or any by-laws made thereunder
may be tried by a Magistrate’s Court.
Prosecution
123. No prosecution for an offence under this Act or any by-laws

made thereunder shall be instituted except by or with the written
consent of the Public Prosecutor.
Employee of authority may demand names and addresses in

certain cases
124. (1) Any person who is charged by any officer or employee of

the local authority or any police officer with any offence under this
Act or any by-laws made thereunder shall give his name and address
to such officer, employee or police officer, if so required.
*
NOTE—Previously “five hundred ringgit” and “one hundred ringgit”–see Street, Drainage and
(2) The occupier of any premises shall, if required by any officer

or employee of the local authority or any police officer, give the
name and address of the owner of the premises, if known.
Penalty
(3) Any person who offends under this section or wilfully

misstates his name and address or the name and address of the owner
of any premises shall be liable on conviction to a fine not exceeding
two hundred and fifty ringgit.
Power of arrest
125. (1) Any police officer or any officer or employee of the local
authority duly authorized in writing by the local authority generally
or in any particular case may arrest any person committing any
offence in his view or who he has reason to believe has committed
any offence punishable under this Act or any by-laws made
thereunder—
(a) if the name and address of the person are unknown to him;
(b) if the person declines to give his name and address; or
(c) if there is reason to doubt the accuracy of the name and

address, if given.
(2) A person arrested under this section may be detained until his
name and address are correctly ascertained:
Provided that no person so arrested shall be detained longer than is

necessary for bringing him before a court unless the order of a court
for his detention is obtained.
Saving of prosecutions
126. Nothing in this Act shall prevent any person from being
prosecuted under any other law for any act or omission which
constitutes an offence under this Act or any by-laws made thereunder
or from being liable under that other law to any other or higher
punishment or penalty than that provided by this Act or any by-laws
made thereunder:
Provided that no person shall be punished more than once for the
same offence.
General penalties
127. Any person guilty of an offence under this Act or any by-laws
made thereunder for which no penalty is expressly provided shall be
liable on conviction to a fine not exceeding ten thousand ringgit and
shall also be liable to a further fine not exceeding five hundred ringgit
for every day that the offence is continued after conviction.
Damage to property of local authority to be made good in

addition to penalty
128. (1) If through any act, neglect or default any person has
committed an offence under this Act or any by-laws made thereunder
and by such act, neglect or default such person has caused damage to
any property belonging to the local authority, such person shall in
addition to any penalty that may be imposed for that offence, be
liable to make good the damage.
(2) The amount of such damage shall, in case of dispute be

determined by the court by which the party incurring such penalty is
convicted.
(3) The amount of such damage shall be recovered as if it were a

fine imposed by the court.
Inaccuracies in documents
129. No misnomer or inaccurate description of any person,

premises, building, holding, street or place named or described in any
document prepared, issued or served under, by virtue of or for the
purposes of this Act or any by-laws made thereunder shall in any way
affect the operation of this Act or any such by-laws as respects that
person or place if that person or place is so designated in the
document as to be identifiable, and no proceedings taken under or by
virtue of this Act or any such by-laws shall be invalid for want of
form.
Evidence
130. (1) The contents of any document prepared, issued or served

under, by virtue of or for the purpose of this Act shall until the
contrary be proved be presumed to be correct and the production of
any book purporting to contain any apportionment made under or by
virtue of this Act or any by-laws made thereunder shall without any
other evidence whatever, be received as prima facie proof of the
making and validity of the apportionment mentioned therein.
(2) All records, registers and other documents required by this

Act or any by-laws made thereunder to be kept by the local authority
or by any public officer shall be deemed to be public documents and
copies thereof or extracts therefrom certified by the officer
responsible for the custody thereof to be true copies, or extracts, as
the case may be, subscribed by such officer with his name and his
official title shall be admissible in evidence as proof of the contents
of such document or extract thereof.
Evidential provisions
131. Notwithstanding the provisions of any written law, in any

proceedings under this Act or any by-laws made thereunder, a
certificate for the purpose of establishing—
(a) the registered proprietor of any land;

(b) the registered owner of a motor vehicle;
which purports to be signed by the District Land Administrator or the

Director for Road Transport, as the case may be, shall unless the
contrary is proved, be evidence of any fact stated therein.
Improvement Service Fund
132. (1) There shall be established for the purpose of this Act in
each local authority a fund to be known as the “Improvement Service
Fund” into which shall be paid all moneys that may from time to time
be paid to a local authority for the purposes of carrying out the
provisions of this Act, all moneys recoverable by the local authority
from any person under this Act or any by-laws made thereunder and
any contributions from any person towards the beautification,
construction or laying out of any street, *drain, culvert, gutter or
water-course.
(2) The Improvement Service Fund shall be administered by the

local authority at its absolute discretion.
(3) Without prejudice to the generality of paragraph (2) the local

authority may pay out from the Improvement Service Fund any
expenses which may be incurred in carrying out the provisions of this
Act.
PART VII
BY-LAWS
By-laws
133. The State Authority shall have the power to make by-laws for
or in respect of every purpose which is deemed by him necessary for
carrying out the provisions of this Act, and for prescribing any matter
which is authorized or required under this Act to be prescribed, and in
*
particular and without prejudice to the generality of the foregoing for

or in respect of all or any of the matters specified hereunder—
(i) the laying or carrying of any line of rails, mains,

pipes, conduits or electric lines *(other than
sewers) along, through, across, over or under any
street or any place laid out or intended for a
street;
(ii) the granting of licences for the carrying and

maintenance of telegraphic wires or cables or
wires for the conveyance of electricity along or
across or under public streets and the fixing and
levying of annual or other fees therefor;
(iii) the level, width and construction of streets and

the repairing, cleaning, watering and lighting of
streets, roads, canals and bridges and the
planting and preservation of trees;
(iv) the supervision and control of back-lanes under

the control of the local authority, of public
streets and of streets laid out or constructed by
the local authority, the licensing of persons to
use such streets and back-lanes for any purpose
or in any particular manner other than in the
exercise of any right of way thereover;
(v) the construction, paving, width and level of

arcades and footways;
(vi) the construction, maintenance and repair in any

building or on any premises of a water supply,
sanitary accommodation, sink accommodation,
bathing and washing accommodation;
*
(vii) (Deleted by Act A867);
*
(viii) (Deleted by Act A1312);
(ix) the provision, construction, maintenance and

repair of wells, tanks and cisterns;
(x) the prevention, removal and suppression of

obstructions or encroachments in or on back-
lanes, public streets, private streets and arcades
abutting thereon and the provision, construction,
dimensions and paving along any portion of any
land alongside such streets;
(xi) the closing, fencing, lighting and repair of any

works, hole or place likely to be a danger to the
public;
(xii) the construction, alteration and demolition of

buildings and the methods and materials to be
used in connection therewith;
(xiia) the submission of plans, specifications,

calculations, particulars, documents and reports
relating to erection of building, the persons
principal submitting persons and submitting
persons and their duties and responsibilities, and
the form and nature or classification of such
plans, calculations, particulars, documents and
reports;
(xiib) the manner and procedure for making an

application for the approval of plans and
specifications for erection of building;
(xiic) the planning, design and erection of building

including—
(a) the structural strength of the building;
(b) the stability of the building;

(c) precautions against overloading;
(d) measures to safeguard adjacent buildings;

and
(e) underpinning;
(xiid) the provision of embankments and retaining

walls;
(xiie) the submission of particulars of qualified

persons, contractors, skilled construction
workers and construction site supervisors
engaged or employed for the purposes of or in
the erection of building;
(xiif) the prescribing of documents, books or records

to be kept and reports or certificates to be made
or issued under this Act;
(xiig) the time, manner and procedure for the issuance

of the certificate of completion and compliance
and partial certificate of completion and
compliance;
(xiih) the manner and procedure for the sampling of

building materials;
(xiii) the manner for carrying out periodical inspection

of buildings and the form in which the reports
required in relation thereto shall be submitted;
(xiii) the frontage of, air space about, lighting, air

conditioning, ventilation, height of and
approaches and entrances to, the provision of
parking places for vehicles in or for and exits
from buildings;
(xiv) the minimum timber or other building material

content in any building;
(xv) the dimensions of rooms, cubicles, staircases and

other parts of buildings and the provision of light
and air thereto;
(xvi) the provision for the paving, width and level of

arcades and footways;
(xvii) the provision in any building or on any premises

of a water supply, sanitary accommodation, sink
accommodation, bathing and washing
accommodation;
(xviii) the provision, construction, maintenance and

repair of drains*;
(xix) (Deleted by Act A1312);
(xx) the prescribing of forms for licences and other

purposes for use in connection with this Act;
(xxi) securing the prevention and the prevention of the

spread and extinguishment of fire;
Such by-laws may include—
(a) provisions for building materials to be

fire resisting and for the fire resistance
grading of such materials;
(b) provisions regarding methods of

construction and design of any building
to secure its safety from fire;
(c) provisions for means of escape from any

premises in the event of fire and for the
maintenance of such means of escape;
(d) provisions for fire stops and fire breaks;
*
(e) provisions with regard to access to

premises for the fire brigade in the event
of fire, and include means of access
within a building for fire fighting
purposes;
(f) provisions for the ventilation of buildings

for the purpose of removing gases and
smoke that may be caused by a fire;
(g) provisions for fire fighting equipment

both manual and automatic and of fire
detectors and fire alarms and their
maintenance;
(h) provisions for an adequate supply of

water for fire fighting purposes;
(i) any other measures for the safety of fires

and the prevention and spread of fire;
(xxii) to require the owner or occupier of premises, or

any other person having a duty under this Act or
any by-law made thereunder, to execute any
work or perform any act necessary in the opinion
of the local authority to secure compliance with
such Act or by-laws and in default of compliance
with such requirement on the part of such owner
or occupier or other person, to authorize the local
authority to execute such work or perform such
act itself and to recover the expenses and costs
incurred by it in or about the execution of such
work or the performance of any such act, from
such owner, occupier or other person, as the case
may be;
(xxiii) in case of emergency or where the owner cannot

after due enquiry be found, to authorize the local
authority to execute such work or perform such
act itself without first requiring the owner,
occupier or other person as aforesaid to do so,

and to recover the expenses and costs incurred
by it in or about the execution of such work or
the performance of such act from such owner,
occupier or other person;
(xxiv) to apportion responsibility for failure to any

building or parts of a building and to require any
person or class of persons to report such failures
and to explain the causes of such failure;
(xxv) the payments to be made for, and other incidents

of, licences and permits issued under this Act;
(xxvi) the fees, costs and other sums charged for any
matter or thing required or authorized to be done
under this Act;
(xxvii) the collection, remission, rebate or deferment of

payment of any sum required to be paid under
this Act;
(xxviii) the offences under this Act and any by-laws

made thereunder which may be compounded by
the local authority, the persons who may
compound, the limit of the sum of money to be
collected by such local authority for
compounding such offences and the procedure
and forms to be complied with in compounding;
and
(xxix) in so far as they do not fall within any of the

preceding paragraphs, all procedural and other
matters which by this Act are required or
permitted to be prescribed, or which are
necessary or convenient to be prescribed for
carrying out or giving effect to the provisions of
this Act.
PART VIII
REPEALS, TRANSITIONAL PROVISIONS, ETC.
Repeals, transitional provisions, etc.
134. (1) The laws specified in the Schedule are hereby repealed as
from the commencement of this Act.
(2) The Yang di-Pertuan Agong may, at any time within the
period of five years beginning with the commencement of this Act,
by order under this section—
(a) repeal any other written law in force immediately before

that commencement and rendered obsolete or unnecessary
by any provision thereof;
(b) make such repeals or amendments in any such law as he

may consider necessary for the purpose of bringing the
provisions thereof into accord with the provisions of this
Act, or of supplementing the last mentioned provisions in
any respect:
Provided that the power conferred by this subsection shall not be

exercised in respect of a State Law otherwise than with the
concurrence of the State Authority.
Power of State Authority to make transitional provisions, etc.
135. The State Authority may, by regulations, make such provision

as it may consider necessary or expedient for the purpose of
removing any difficulties occasioned by the coming into force of this
Act, and any such regulations may be so made so as to have effect as
from the commencement of this Act.
SCHEDULE
REPEAL
A. The Town Boards Enactment [F.M.S. Cap. 137] of the Federated Malay
States.
Sections 67, 68, 69, 70, 71, 72, 73, 74, 76, paragraphs 78(a), (d),
subparagraphs (g)(i) and (ii), paragraphs 78(h) and (l), 89, 90, 91,91A,
92, 92A, 92B, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105,
106, 107, 108, 109, 110, 110A, 111, 112, 113, 114, 115, 115A, 116,
117, 118, 119, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133,
133A, 134 and 134A.
B. Municipal Ordinance [S.S. Cap 133].
Paragraphs 58(1)(g), (j) and (ee), Sections 95, 97, 98, 99, 100, 101, 102,
103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116,
117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130,
131, 132, 133, 134, 135, 136, 137, 138, 139, 139A, 140, 141, 142,
142A, 143, 144, 144A, 144B, 144C, 145, 146, 147, 148, 150, 151, 152,
153, 154, 155, 156A, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166,
167, 168, 169, 170, 170A, 170B, 170C, 219, 229, paragraphs 245(a),
(b), (except in so far as it applies to dung-pit and ash-pit), (e),
subparagraphs 245(e)(i) and (ii), paragraphs 245(f) and (k), sections
369, 370 and 395A.
C. Johore Town Boards Enactment [Johore No. 118].
Sections 67, 68, 69, 70, 71, 72, 73, 74, 76, paragraph 78(d),
subparagraphs 78(g)(i) and (ii), paragraphs 78(h) and (l), 89, 90, 91,
91A, 92, 92A, 92B, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104,
105, 106, 107, 108, 109, 110, 110A, 111, 112, 113, 114, 115, 115A,
116, 117, 118, 119, 120, 121, 122, 129, 130, 131, 132, 133, 133A, 134
and 134A.
D. Kelantan Municipal Enactment 1938 [Kelantan 20 of 1938].
Sections 11A, 44, 45, 45A, 46, 46A, 46B, 47, 48, 49, 50, 51, 52, 53, 54,
55, 56 and 57.
E. Terengganu Town Board Enactment 1355 [Terengganu 12 of 1355].
Sections 67, 68, 69, 70, 71, 72, 73, 74, 76, paragraphs 78(i), (iv),
subparagraphs (vii)(a) and (b), paragraphs 78(viii) and (xii), 89, 90, 91,
91A, 92, 92A, 92B, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104,
105, 106, 107, 108, 109, 110, 110A, 111, 112, 113, 114, 115, 115A,
116, 117, 120, 121, 122, 129, 130, 131, 133, 133A, 134, 134A and 143.
______________
APPENDIX
STREET, DRAINAGE AND BUILDING ACT 1974—ACT 133
Date of coming into force of the Act in local authority of:

State Effective date Authority
Federal Territory of 01-01-1977 P.U. (B) 588/1976

Kuala Lumpur
JOHORE
Municipal Council of—

Johore Bahru 01-02-1984 P.U. (B) 53/1984
District Council of—

Pontian 01-02-1984 P.U. (B) 54/1984
Muar Utara 01-02-1984 P.U. (B) 55/1984
Muar Selatan 01-02-1984 P.U. (B) 56/1984
Kluang Utara 01-02-1984 P.U. (B) 57/1984
Kluang Selatan 01-02-1984 P.U. (B) 58/1984
Kota Tinggi 01-02-1984 P.U. (B) 59/1984
Mersing 01-02-1984 P.U. (B) 60/1984
Batu Pahat Barat 01-02-1984 P.U. (B) 61/1984
Batu Pahat Timur 01-02-1984 P.U. (B) 62/1984
Segamat Utara 01-02-1984 P.U. (B) 63/1984
Segamat Selatan 01-02-1984 P.U. (B) 64/1984
Kulai 01-02-1984 P.U. (B) 65/1984
Johore Bahru Tengah 01-02-1984 P.U. (B) 66/1984
Kawasan Rancangan 03-02-1988 J.P.U. 4/1988

Perumahan Kangkar Tebrau, (ss 6 to 35)
Johor Bahru Peringkat I,
II dan III
Taman Perling, Mukim Pulai, 03-02-1988 J.P.U. 5/1988

District of Johore Bahru (ss 6 hingga 35)
Johore Tenggara Local 01-02-1988 J.P.U. 10/1988

Authority
KEDAH

Kota Setar 15-04-1978 P.U. (B) 206/1978
District Local Government

Council of—
Kuala Muda 15-04-1978 P.U. (B) 206/1978
Kulim 15-04-1978 P.U. (B) 206/1978
Kubang Pasu 15-04-1978 P.U. (B) 206/1978

Baling 15-04-1978 P.U. (B) 206/1978
District Council of —
Sik 01-01-1982 P.U. (B) 727/1981
Padang Terap 01-01-1982 P.U. (B) 728/1981
Yan 01-01-1982 P.U. (B) 729/1981
Pendang 01-01-1982 P.U. (B) 730/1981
Bandar Bahru 01-01-1982 P.U. (B) 731/1981
Langkawi 01-01-1982 P.U. (B) 732/1981
KELANTAN
Kota Bharu 01-09-1983 P.U. (B) 408/1983
Pasir Puteh 01-09-1983 P.U. (B) 409/1983
Machang 01-09-1983 P.U. (B) 410/1983
Kota Bharu 01-09-1983 P.U. (B) 411/1983
Ulu Kelantan 01-09-1983 P.U. (B) 412/1983
Bachok 01-09-1983 P.U. (B) 413/1983
Tumpat 01-09-1983 P.U. (B) 414/1983
Kuala Krai Utara 01-09-1983 P.U. (B) 415/1983
Kuala Krai Selatan 01-09-1983 P.U. (B) 416/1983
Tanah Merah 01-09-1983 P.U. (B) 417/1983
Pasir Mas 01-09-1983 P.U. (B) 418/1983
MALACCA
Central Malacca 01-01-1978 P.U. (B) 763/1977
Jasin 01-01-1982 P.U. (B) 733/1981
Alor Gajah 01-01-1982 P.U. (B) 734/1981
NEGERI SEMBILAN
Seremban 01-05-1979 P.U. (B) 215/1979
Kuala Pilah 01-07-1980 P.U. (B) 349/1980
Tampin 01-07-1980 P.U. (B) 350/1980
Rembau 01-07-1980 P.U. (B) 351/1980
Port Dickson 01-07-1980 P.U. (B) 352/1980
Jempol 01-08-1980 P.U. (B) 415/1980
Seremban 01-04-1985 P.U. (B) 165/1985
PAHANG
Temerloh 01-07-1981 P.U. (B) 348/1981
Bentong 01-07-1981 P.U. (B) 349/1981
Raub 01-07-1981 P.U. (B) 350/1981
Maran 01-04-1993 P.U. (B) 99/1993
Pekan 01-04-1993 P.U. (B) 100/1993
Rompin 01-04-1993 P.U. (B) 101/1993

Kuantan 01-07-1981 P.U. (B) 351/1981
Cameron Highlands 01-03-1982 P.U. (B) 102/1982
Lipis 01-03-1982 P.U. (B) 103/1982
Jerantut 01-03-1982 P.U. (B) 104/1982
PENANG
Penang 01-01-1980 P.U. (B) 649/1979
Seberang Perai 01-01-1980 P.U. (B) 650/1979
PERAK

Ipoh 01-04-1980 P.U. (B) 137/1980
Taiping 01-04-1980 P.U. (B) 138/1980
Tapah 01-04-1980 P.U. (B) 139/1980
Dinding 01-04-1980 P.U. (B) 140/1980
Selama 01-04-1980 P.U. (B) 141/1980
Kuala Kangsar 01-04-1980 P.U. (B) 142/1980
Lenggong 01-04-1980 P.U. (B) 143/1980
Grik 01-04-1980 P.U. (B) 144/1980
Kinta Barat 01-04-1980 P.U. (B) 145/1980
Krian 01-04-1980 P.U. (B) 146/1980
Perak Tengah 01-04-1980 P.U. (B) 147/1980
Kroh 01-04-1980 P.U. (B) 148/1980
Hilir Perak 01-04-1980 P.U. (B) 149/1980
Tanjung Malim 01-04-1980 P.U. (B) 150/1980
Kinta Selatan 01-04-1980 P.U. (B) 151/1980
PERLIS
Kangar 01-01-1980 P.U. (B) 648/1979
SELANGOR
All the Local Authority Areas 01-06-1978 P.U. (B) 279/1978
Taman Seri Muda, District 14-04-1983 Sel. P.U. 10/1983
of Klang
TERENGGANU
Marang 01-02-1984 P.U. (B) 36/1984
Hulu Terengganu 01-02-1984 P.U. (B) 37/1984
Kemaman 01-02-1984 P.U. (B) 38/1984
Dungun 01-02-1984 P.U. (B) 39/1984
Besut 01-02-1984 P.U. (B) 40/1984

Kuala Terengganu 01-02-1984 P.U. (B) 41/1984
________________________________
154
LAWS OF MALAYSIA
Act 133

ACT 1974
LIST OF AMENDMENTS
Amending law Short title In force from
Act 160 Malaysian Currency (Ringgit) Act 29-08-1975

1975
Act A324 Criminal Procedure Code 01-01-1976

(Amendment and Extension) Act
1976
Act A435 Street, Drainage and Building 03-03-1978

(Amendment) Act 1978
Act A867 Street, Drainage and Building See P.U. (B) 84/1994*
Act A903 Street, Drainage and Building 01-10-1995

Act A1286 Street, Drainage and Building 12-04-2007 Johore [P.U.(B) 121/2007;
(Amendment) Act 2007 Kedah [P.U. (B) 122/2007]; Kelantan [P.U.
(B) 123/2007]; Malacca [P.U. (B)
124/2007]; N.Sembilan [P.U. (B)
125/2007]; Pahang [P.U. (B) 126/2007];
Penang [P.U. (B) 127/2007]; Perak [P.U.
(B) 128/2007]; Perlis [P.U. (B) 129/2007];
Terengganu [P.U. (B) 130/2007]; Selangor
[P.U. (B) 131/2007]; Federal Territory of
Kuala Lumpur and Federal Territory of
Putrajaya [P.U.(B) 152/2007]
*
NOTE—The date of coming into force for every District Council is different –see Schedule in P.U. (B)
84/1994 Street, Drainage and Building (Amendment) Act 1993.
Amending law Short title In force from
Act A1312 Street, Drainage and Building 01-09-2011 - [P.U.(B) 492/2011] Federal
(Amendment) Act 2007 Territory of Kuala Lumpur and Federal
Territory of Putrajaya 01-09-2011 [P.U.(B)
489/2011] Perlis, Kedah,Pahang, N.
Sembilan, Malacca and Johore
156
LAWS OF MALAYSIA
Act 133
STREET, DRAINAGE AND BUILDING ACT 1974
LIST OF SECTIONS AMENDED
Section Amending authority In force from
3 Act A867 P. U. (B) 84/1994*

Act A903 01-10-1995
Act A1286 12-04-2007 Johore [P.U.(B) 121/2007;
Kedah [P.U. (B) 122/2007]; Kelantan
[P.U. (B) 123/2007]; Malacca [P.U. (B)
124/2007]; N.Sembilan [P.U. (B)
125/2007]; Pahang [P.U. (B) 126/2007];
(B) 128/2007]; Perlis [P.U. (B) 129/2007];
46 Act A435 03-03-1978

Act A867 P. U. (B) 84/1994*
49 Act A867 P. U. (B) 84/1994*
51 Act A867 P. U. (B) 84/1994*
53 Act A867 P. U. (B) 84/1994*
54 Act A867 P. U. (B) 84/1994*
55 Act A867 P. U. (B) 84/1994*
58 Act A867 P. U. (B) 84/1994*

Act A1286 12-04-2007 Johore [P.U.(B) 121/2007;

Kedah [P.U. (B) 122/2007]; Kelantan [P.U.
(B) 123/2007]; Malacca [P.U. (B)
124/2007]; N.Sembilan [P.U. (B)
125/2007]; Pahang [P.U. (B) 126/2007];
(B) 128/2007]; Perlis [P.U. (B) 129/2007];
60 Act A867 P. U. (B) 84/1994*
62 Act A867 P. U. (B) 84/1994*
63 Act A867 P. U. (B) 84/1994*
64 Act A867 P. U. (B) 84/1994*
65 Act A1286 12-04-2007 Johore [P.U.(B) 121/2007;

(B) 123/2007]; Malacca [P.U. (B)
124/2007]; N.Sembilan [P.U. (B)
125/2007]; Pahang [P.U. (B) 126/2007];
(B) 128/2007]; Perlis [P.U. (B) 129/2007];
70 Act A867 P. U. (B) 84/1994*

Act A903 01-10-1995
Act A1286 12-04-2007 Johore [P.U.(B) 121/2007;
(B) 123/2007]; Malacca [P.U. (B)
124/2007]; N.Sembilan [P.U. (B)
125/2007]; Pahang [P.U. (B) 126/2007];
(B) 128/2007]; Perlis [P.U. (B) 129/2007];
70A Act A435 03-03-1978

Act A903 01-10-1995
Act A1286 12-04-2007 Johore [P.U.(B) 121/2007;
(B) 123/2007]; Malacca [P.U. (B)
124/2007]; N.Sembilan [P.U. (B)
125/2007]; Pahang [P.U. (B) 126/2007];
(B) 128/2007]; Perlis [P.U. (B) 129/2007];
70B Act A903 01-10-1995

Act A1286 12-04-2007 Johore [P.U.(B) 121/2007;
(B) 123/2007]; Malacca [P.U. (B)
124/2007]; N.Sembilan [P.U. (B)
125/2007]; Pahang [P.U. (B) 126/2007];
(B) 128/2007]; Perlis [P.U. (B) 129/2007];
70C Act A903 01-10-1995
70D Act A903 01-10-1995
71 Act A435 03-03-1978

Act A903 01-10-1995
75 Act A1286 12-04-2007 Johore [P.U.(B) 121/2007;

(B) 123/2007]; Malacca [P.U. (B)
124/2007]; N.Sembilan [P.U. (B)
125/2007]; Pahang [P.U. (B) 126/2007];
(B) 128/2007]; Perlis [P.U. (B) 129/2007];
77 Act A867 P. U. (B) 84/1994*
81 Act A867 P. U. (B) 84/1994*
85 Act A903 01-10-1995
85A Act A903 01-10-1995

Act A1286 12-04-2007 Johore [P.U.(B) 121/2007;
(B) 123/2007]; Malacca [P.U. (B)
124/2007]; N.Sembilan [P.U. (B)
125/2007]; Pahang [P.U. (B) 126/2007];
(B) 128/2007]; Perlis [P.U. (B) 129/2007];
100 Act A903 01-10-1995
121 Act A903 01-10-1995
123 Act A1286 12-04-2007 Johore [P.U.(B) 121/2007;

(B) 123/2007]; Malacca [P.U. (B)
124/2007]; N.Sembilan [P.U. (B)
125/2007]; Pahang [P.U. (B) 126/2007];
(B) 128/2007]; Perlis [P.U. (B) 129/2007];
127 Act A1286 12-04-2007 Johore [P.U.(B) 121/2007;

(B) 123/2007]; Malacca [P.U. (B)
124/2007]; N.Sembilan [P.U. (B)
125/2007]; Pahang [P.U. (B) 126/2007];
(B) 128/2007]; Perlis [P.U. (B) 129/2007];
132 Act A867 P.U. (B) 84/1994*
133 Act A867 P.U. (B) 84/1994*

Act A903 01-10-1995
Act A1312 01-09-2011 - [P.U.(B) 492/2011] Federal
Territory of Kuala Lumpur dan Federal
Territory of Putrajaya 01-09-2011 [P.U.(B)
489/2011] Perlis, Kedah,Pahang, N.
Sembilan, Malacca and Johore
Schedule Act A435
03-03-1978
*
NOTE—The date of coming into force for every District Council is different-see Schedule in
P.U. (B) 84/1994 Street, Drainage and Building (Amendment) Act 1993.

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LAWS OF MALAYSIA

ONLINE VERSION OF UPDATED

STREET, DRAINAGE AND

STREET, DRAINAGE AND BUILDING

Date of Royal Assent … … … 5 June 1974

Date of publication in the Gazzette … … 13 June 1974

Latest amendment made

First Reprint … … … 1997

Second Reprint … … … 2000

Third Reprint … … … 2006

STREET, DRAINAGE AND BUILDING

1. Short title, application and commencement

4. Maintenance and repair of public streets

15. Repair of private streets

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

41. Precautions against accident. Bars to be erected across streets during

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

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

68. Declaration of back-lane as public street

70. Notice of new buildings

91. Mandatory order

134. Repeals, transitional provisions, etc.

STREET, DRAINAGE AND BUILDING

An Act to amend and consolidate the laws relating to street, drainage

WHEREAS it is desired to introduce in the form of an Act of

AND WHEREAS it is now expedient for the purpose only of ensuring

NOW THEREFORE, pursuant to the provisions of Clause (4) of

Short title, application and commencement

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

(4) Notwithstanding subsection (3) the State Authority may by

(5) Notwithstanding the provisions of subsection (3), in relation

(6) Notwithstanding the provisions of subsection (3) the State

Provided that any right, liberty, privilege, obligation or liability

3. In this Act, unless the context otherwise requires—

“arcade” includes verandah;

“building” includes any house, hut, shed or roofed enclosure,

“certificate of completion and compliance” means the certificate

“developer” means any person, body of persons, company, firm or

“dwelling house” includes a building or tenement wholly or

“footway” includes footpaths and verandah-ways at the sides of

“frontager” means the owner of premises fronting on, adjoining,

“house” includes dwelling-house, warehouse, office,

“Improvement Service Fund” means the Improvement Service

“local authority” means any city council, municipal council, town

“nuisance” means any act, omission or thing occasioning or likely

“occupier” means the person in actual occupation of the land or

(a) the registered proprietor of the land;

(b) the lessee of a lease including a sub-lessee of the land

(c) the agent or trustee of any of the owners described in

“partial certificate of completion and compliance” means the

“person” includes a company, a partnership, a body of persons and

“a place of public resort” means a building, or a defined or enclosed

“premises” includes messuages, houses, buildings, lands,

“principal submitting person” means a qualified person who

“private connection pipe” has the same meaning assigned to it

under the **Water Services Industry Act 2006 [Act 655];

“private street” means any street not being a public street;

“qualified person” means a Professional Architect, Professional

“sewer” has the same meaning assigned to it under the