06 Street Drainage and Building Amendment

A BILL

i n t i t u l e d

An Act to amend the Street, Drainage and Building Act 1974.

[ ]

WHEREAS it is expedient for the purpose only of ensuring uniformityof law and policy to make a law with regard to local governmentmatters relating to street, drainage and building:

NOW, THEREFORE, pursuant to Clause (4) of Article 76 of the FederalConstitution, IT IS ENACTED by the Parliament of Malaysia asfollows:

Short title, application and commencement

1. (1) This Act may be cited as the Street, Drainage and Building(Amendment) Act 2006.

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

(3) This Act comes into operation on a date as the Ministermay, after consultation with the State Authority, appoint in relationto that State by notification in the Gazette and the Minister may,after consultation with the State Authority, appoint different dates—

(a) for the coming into operation of this Act in differentlocal authority areas or parts of local authority areas;

(b) for the coming into operation of different provisions ofthis Act; or

(c) for the coming into operation of different provisions ofthis Act in different local authority areas or parts of localauthority area.

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(4) Notwithstanding subsection (3), the State Authority may,by notification in the Gazette—

(a) exempt any part of any local authority area from any orall of the provisions of this Act;

(b) extend any or all of the provisions of this Act to applyto the whole or any area or part of any area within theState which is not under any local authority; and

(c) make such modifications, amendments or variations tothe provisions of this Act as may be necessary for thepurpose of its application under paragraph (b).

(5) Notwithstanding subsection (3), in relation to the FederalTerritory of Kuala Lumpur and Putrajaya, this Act shall come intooperation on a date as the Minister may, by notification in theGazette, appoint.

Amendment of section 3

2. The Street, Drainage and Building Act 1974 [Act 133], whichis referred to as the “principal Act” in this Act, is amended insection 3—

(a) by inserting after the definition of “building” the followingdefinition:

‘ “building plans” means plans that include site plans,key plans, floor plans, sections and elevations as setout specifically in any by-laws made under this Act;’;

(b) by substituting for the definition of “Certificate of fitnessfor occupation, temporary certificate of fitness foroccupation and partial certificate of fitness for occupation”the following definition:

‘ “certificate of completion and compliance” meansthe certificate given or granted under any by-laws madeunder this Act;’;

(c) by inserting after the definition of “owner” the followingdefinition:

‘ “partial certificate of completion and compliance”means the certificate given or granted under anyby-laws made under this Act;’;

Street, Drainage and Building (Amendment) 3

(d) by inserting after the definition of “premises” the followingdefinition:

‘ “principal submitting person” means a qualifiedperson who submits building plans to the local authorityfor approval in accordance with this Act or anyby-laws made thereunder and includes any other qualifiedperson who takes over the duties and responsibilitiesof or acts for the first mentioned qualified person;’;

(e) by substituting for the definition of “qualified person”the following definition:

‘ “qualified person” means a Professional Architect,Professional Engineer or building draughtsman registeredunder any written law relating to the registration thereof;’;and

(f) by inserting after the definition of “structural plan” thefollowing definition:

‘ “submitting person” means a qualified person whosubmits plans other than building plans to the localauthority or relevant statutory authority in accordancewith this Act or any by-laws made thereunder andincludes any other qualified person who takes over theduties and responsibilities of or acts for the firstmentioned qualified person;’.


3. Section 58 of the principal Act is amended—

(a) in subsection (2), by substituting for the words “anyperson submitting a plan or specification under section 70relative to the erection or re-erection of any house orbuilding” the words “a submitting person”; and

(b) in subsection (3), by substituting for the words “anyperson submitting a plan or specification under section 70relative to the erection or re-erection or any house orbuilding” the words “a submitting person”.

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4. Subsection 65(1) of the principal Act is amended by substitutingfor the words “person submitting the plan” the words “principalsubmitting person”.



(a) in subsection (2), by substituting for the word “submit”the words “cause to be submitted by a principal submittingperson or submitting person”;

(b) in paragraph 2(b), by deleting the words “in respect ofthe sewerage system”;

(c) in subsection (4), by substituting for the words “personsubmitting a plan and specification” the words “principalsubmitting person or submitting person”;

(d) in subsection (5), by substituting for the word “person”the words “principal submitting person or submittingperson”;

(e) in subsection (8), by substituting for the words “anyperson submitting the plan of a building” the words “theprincipal submitting person”;

(f) in subsection (11), by substituting for the words “onethousand” the words “twenty-five thousand”;

(g) in subsection (12)—

(i) by substituting for the words “one thousand” thewords “twenty-five thousand”; and

(ii) by substituting for the words “one hundred” thewords “five hundred”;

(h) in subsection (13)—

(i) by substituting for the words “ten thousand ringgit”the words “fifty thousand ringgit or to imprisonmentfor a term not exceeding three years or to both”;and

(ii) by substituting for the words “two hundred andfifty” the words “one thousand”;


(i) in subsection (14), by inserting before the words “inaccordance with this Act” the words “by the principalsubmitting person or submitting person”;

(j) in subsection (18), by substituting for the words “theperson who has submitted the plan” the words “the principalsubmitting person or submitting person”;

(k) in subsection (19), by substituting for the words “qualifiedperson” the words “principal submitting person orsubmitting person and signed by the owner or his authorisedagent and the principal submitting person or submittingperson”; and

(l) by inserting after subsection (19) the following subsections:

“ Issuance of certificate of completion and compliance

(20) No certificate of completion and complianceshall be issued except by a principal submitting personin accordance with the time, manner and procedure forthe issuance thereof as prescribed by this Act or anyby-laws made thereunder.

(21) Before the issuance of a certificate of completionand compliance, it shall be the duties and responsibilitiesof the principal submitting person to—

(a) supervise the erection of the building to ensurethat the erection is in conformity with theapproved plans and the requirements of theprovisions of this Act or any by-laws madethereunder;

(b) ensure that the building has been dulyconstructed and completed in conformity withthe approved plans and the requirements ofthis Act or any by-laws made thereunder andthat all technical conditions imposed by thelocal authority has been duly complied with;and

(c) ensure that the building is safe and fit foroccupation.

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(22) Nothing contained in this Act shall affect thepowers conferred on the local authority by this Act orany by-laws made thereunder pertaining to the erectionand construction of a building for the purpose of ensuringthat the erection and construction of such building arein conformity with the approved plans and the provisionsof 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 ofthis Act or any by-laws made thereunder by the principalsubmitting person has occurred in the erection andconstruction of the building, the local authority mayissue to the principal submitting person—

(a) a notice in writing, requiring compliance withinthe period specified in the notice, as the localauthority thinks fit, in order that the non-compliance be rectified; and

(b) a directive in writing to withhold the issuanceof the certificate of completion and complianceuntil 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 beexecuted or any measure to be taken if it considerssuch work or measure is necessary to rectify the non-compliance.

(25) The cost for executing such work or takingsuch measure as referred to in subsection (24) shall beborne by the owner of the building.

(26) The amount of the costs to be so recovered bythe local authority shall be certified by the local authorityand the certificate of the local authority in this regardshall be conclusive proof of the matters stated thereinand shall not be subject to any appeal or review in anycourt.

(27) Any person who—

(a) is not the principal submitting person but issuesa certificate of completion and compliance;


(b) issues a certificate of completion andcompliance without the relevant forms asprescribed in any by-laws made under thisAct;

(c) issues a certificate of completion andcompliance in contravention of a directiongiven by the local authority to withhold suchissuance pending rectification of any non-compliance;

(d) knowingly makes or produces or causes to bemade any false or fraudulent declaration,certificate, application or representation ofany form prescribed in any by-laws madeunder this Act;

(e) uses any forged, altered or counterfeitdeclaration, certificate, application orrepresentation of any form prescribed in anyby-laws made under this Act knowing thedeclaration, certificate, application orrepresentation have been forged, altered orcounterfeited; or

(f) occupies or permits to be occupied any buildingor any part thereof without a certificate ofcompletion and compliance,

shall be liable on conviction to a fine not exceedingtwo hundred and fifty thousand ringgit or to imprisonmentfor a term not exceeding ten years or to both.”.

Amendment of section 70A

6. Paragraph 70A(17)(c) of the principal Act is amended bysubstituting for the words “persons qualified to submit the same”the words “submitting persons”.

Amendment of section 70B

7. Subsection 70B(3) of the principal Act is amended by substitutingfor the words “qualified person” appearing after the words “otherthan the” the words “submitting person”.

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8. Section 75 of the principal Act is amended by substituting forthe words “person submitting the plan” the word “owner” whereverit appears.

Amendment of section 85A

9. Section 85A of the principal Act is amended—

(a) in subsection (1) in the definition of “engineer”, bysubstituting for the words “professional engineer” thewords “Professional Engineer”;

(b) in paragraph (3)(a), by substituting for the words “firstcertificate of fitness for occupation” the words “certificateof completion and compliance”; and

(c) in subsection (9)—

(i) by substituting for the words “certificate of fitnessfor occupation” the words “certificate of completionand compliance”; and

(ii) by deleting the words “by the local authority”.

Substitution of section 123

10. The principal Act is amended by substituting for section 123the following section:

“ Prosecution

123. No prosecution for an offence under this Act or anyby-laws made thereunder shall be instituted except by or withthe written consent of the Public Prosecutor.”.



(a) by substituting for the words “two thousand” the words“ten thousand”; and

(b) by substituting for the words “one hundred” the words“five hundred”.




(a) in paragraph (xiia), by substituting for the words “personqualified to submit the same” the words “principalsubmitting persons and submitting persons”; and

(b) in paragraph (xiig), by substituting for the words “makingapplications for temporary certificate of fitness foroccupation, partial certificate of fitness for occupationand certificate of fitness for occupation” the words “theissuance of the certificate of completion and complianceand partial certificate of completion and compliance”.

Change in reference to certificate of fitness for occupation

13. All references to the certificate of fitness for occupation orpartial certificate of fitness for occupation in any written law ordocument shall, when this Act comes into operation, be construedas references to the certificate of completion and compliance andpartial certificate of completion and compliance respectively.

Saving and transitional

14. (1) Nothing in this Act shall affect the past operation of, oranything done under the provisions of, any law relating to temporarycertificate of fitness for occupation, partial certificate of fitnessfor occupation and certificate of fitness for occupation in localauthority areas passed before the date of coming into operation ofthis Act.

(2) Where on the date of coming into operation of this Act—

(a) building plans for the erection of buildings are pendingbefore the local authority;

(b) building plans for the erection of buildings have beenapproved by the local authority;

(c) written directions was given by the local authority forplans and specifications in respect of any building to beamended and re-submitted; or

(d) amended plans and specifications are pending before thelocal authority,

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the provisions of the principal Act applicable to the building plansshall continue to apply as if the principal Act has not been amendedby this Act.

(3) Without prejudice to any penalty that may be imposed,where on the date of coming into operation of this Act the workof erection of a building has not commenced within twelve monthsfrom the date on which the plans and specifications of the buildingwere approved, the provisions of the principal Act applicable tothe erection of the building shall continue to apply as if the principalAct has not been amended by this Act if the work of erection ofthe building is to commence on or after the date of coming intooperation of this Act.

(4) Where the work of erection of a building has commencedimmediately before the date of coming into operation of this Act,the provisions of the principal Act applicable to the erection of thebuilding shall continue to apply as if this principal Act has notbeen amended by this Act.

(5) Where the work of erection of a building has been suspendedimmediately before the date of coming into operation of this Actand is to resume on or after the date of coming into operation ofthis Act, the provisions of the principal Act applicable to theerection of the building shall continue to apply as if the principalAct has not been amended by this Act.

(6) Without prejudice to any penalty that may be imposed, theerection of a building without any approved plans and specificationsby the local authority under this Act immediately before the dateof coming into operation of this Act shall be subject to the provisionsof the principal Act as if the principal Act has not been amendedby this Act provided that—

(a) an application for the approval of the plans andspecifications of the building is made to the local authorityon or after the date of coming into operation of this Act;and

(b) the application referred to in paragraph (a) is approved.


EXPLANATORY STATEMENT

This Bill seeks to amend the Street, Drainage and Building Act 1974(“Act 133”) to replace the building certification system currently under thepurview of local authority to a new certification system by the private sector.The certificate of fitness for occupation issued by the local authority will bereplaced by a certificate of completion and compliance to be issued by aProfessional Architect, Professional Engineer or building draughtsman whounder this Bill is described as the principal submitting person.

2. Clause 1 contains the short title and provisions on the application andcommencement of the proposed Act.

3. Clause 2 seeks to amend section 3 of Act 133, to substitute the definitionof “certificate of fitness for occupation” with the definition of “certificate ofcompletion and compliance”. It also seeks to introduce the following newdefinitions in consequence of the introduction of the new certification system:

(a) “building plans” to refer to the plans to be submitted by the principalsubmitting person;

(b) “partial certificate of completion and compliance” to replace the definitionof “partial certificate of fitness for occupation”;

(c) “principal submitting person” to refer to the qualified person responsiblefor submitting the building plans for approval of the local authorityand who will be the person responsible for issuing the certificate ofcompletion and compliance under the new certification system;

(d) “qualified person” to refer to the category of qualified person recognizedunder Act 133; and

(e) “submitting person” to refer to a qualified person who submits plansother than building plans for approval of the local authority or relevantstatutory authority.

4. Clauses 3, 4, 6, 7, 8 and 9 seek to amend sections 58, 65, 70A, 70B, 75and 85A of Act 133 respectively consequent to the amendment proposed inclause 2.

5. Clause 5 seeks to amend section 70 of Act 133 to introduce, amongst others,provisions relating to the new certification system by the principal submittingperson. Under the present certification system, the local authority issues thecertificate of fitness for occupation of a building pursuant to the provisions ofthe Uniform Building By-Laws made under the Act. The proposed new certificationsystem seeks to allow the principal submitting person to issue a certificate ofcompletion and compliance. References to the principal submitting person aremade in the proposed amendments to subsections (2), (4), (5), (8), (14), (18)and (19).

The proposed amendment to paragraph (2)(b) seeks to set out clearly that plansand specification intended in that paragraph cover other requirements than justthe sewerage system. The proposed amendments to subsections (11) and (12)

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seek to increase the penalties for making alteration to any building and for usingany building for a purpose other than which it was originally constructed forwithout prior written permission from the local authority. Penalties providedin subsection (13) are also proposed to be increased.

In introducing the new certification system, eight new subsections have beenincorporated as follows:

(a) subsection (20) relates to the issuance of certificate of completion andcompliance by the principal submitting person;

(b) subsection (21) relates to the duties and responsibilities of the principalsubmitting person;

(c) subsection (22) relates to the powers of the local authority pertainingto the erection and construction of a building;

(d) subsection (23) empowers the local authority to issue a notice inwriting to the principal submitting person to rectify any non-compliancewith the provisions of Act 133 and any by-laws made thereunder anda directive to withhold the issuance of the certificate of completionand compliance until such non-compliance has been rectified;

(e) subsection (24) relates to the powers of the local authority to executeany work or to take any measure it consider necessary to rectify thenon-compliance if the directive mentioned in paragraph (23)(b) is notcomplied with by the principal submitting person;

(f) subsections (25) and (26) allows the local authority to recover anycosts incurred by it under subsection (24) from the owner of thebuilding; and

(g) subsection (27) relates to the offences under the new certificationsystem.

6. Clause 10 seeks to amend section 123 of Act 133 to be in line withClause (3) of Article 145 of the Federal Constitution and section 376 of theCriminal Procedure Code.

7. Clause 11 seeks to amend section 127 of Act 133 to increase the generalpenalties under the Act. The maximum fine and further fine are increased fromtwo thousand ringgit to ten thousand ringgit and from one hundred ringgit tofive hundred ringgit respectively.

8. Clause 12 seeks to amend section 133 of Act 133 consequent upon theintroduction of the new certification system.

9. Clause 13 seeks to provide that all references to the certificate of fitnessfor occupation or partial certificate of fitness for occupation in any written lawor document shall, after the proposed Act comes into operation, be construedas references to the certificate of completion and compliance or partial certificateof completion and compliance.


10. Clause 14 contains saving and transitional provisions.

FINANCIAL IMPLICATIONS

This Bill will not involve the Government in any extra financial expenditure.

[PN(U2)2519]

06 Street Drainage and Building Amendment

Documents

Transcript of 06 Street Drainage and Building Amendment