A BILL

i n t i t u l e d

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

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WHEREAS it is 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 Clause (4) of Article 76 of the Federal
Constitution, IT IS ENACTED by the Parliament of Malaysia as
follows:
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 Minister
may, after consultation with the State Authority, appoint in relation
to 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 different
local authority areas or parts of local authority areas;
(b) for the coming into operation of different provisions of
this Act; or
(c) for the coming into operation of different provisions of
this Act in different local authority areas or parts of local
authority 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 or
all of the provisions of this Act;
(b) extend any or all of the provisions of this Act to apply
to the whole or any area or part of any area within the
State which is not under any local authority; and
(c) make such modifications, amendments or variations to
the provisions of this Act as may be necessary for the
purpose of its application under paragraph (b).
(5) Notwithstanding subsection (3), in relation to the Federal
Territory of Kuala Lumpur and Putrajaya, this Act shall come into
operation on a date as the Minister may, by notification in the
Gazette, appoint.
Amendment of section 3
2. The Street, Drainage and Building Act 1974 [Act 133], which
is referred to as the principal Act in this Act, is amended in
section 3
(a) by inserting after the definition of building the following
definition:
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;;
(b) by substituting for the definition of Certificate of fitness
for occupation, temporary certificate of fitness for
occupation and partial certificate of fitness for occupation
the following definition:
certificate of completion and compliance means
the certificate given or granted under any by-laws made
under this Act;;
(c) by inserting after the definition of owner the following
definition:
partial certificate of completion and compliance
means the certificate given or granted under any
by-laws made under this Act;;

Street, Drainage and Building (Amendment)

(d) by inserting after the definition of premises the following

definition:
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;;
(e) by substituting for the definition of qualified person
the following definition:
qualified person means a Professional Architect,
Professional Engineer or building draughtsman registered
under any written law relating to the registration thereof;;
and
(f) by inserting after the definition of structural plan the
following definition:
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;.
Amendment of section 58
3. Section 58 of the principal Act is amended
(a) in subsection (2), by substituting for the words any
person submitting a plan or specification under section 70
relative to the erection or re-erection of any house or
building the words a submitting person; and
(b) in subsection (3), by substituting for the words any
person submitting a plan or specification under section 70
relative to the erection or re-erection or any house or
building the words a submitting person.

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Amendment of section 65
4. Subsection 65(1) of the principal Act is amended by substituting
for the words person submitting the plan the words principal
submitting person.
Amendment of section 70
5. Section 70 of the principal Act is amended
(a) in subsection (2), by substituting for the word submit
the words cause to be submitted by a principal submitting
person or submitting person;
(b) in paragraph 2(b), by deleting the words in respect of
the sewerage system;
(c) in subsection (4), by substituting for the words person
submitting a plan and specification the words principal
submitting person or submitting person;
(d) in subsection (5), by substituting for the word person
the words principal submitting person or submitting
person;
(e) in subsection (8), by substituting for the words any
person submitting the plan of a building the words the
principal submitting person;
(f) in subsection (11), by substituting for the words one
thousand the words twenty-five thousand;
(g) in subsection (12)
(i) by substituting for the words one thousand the
words twenty-five thousand; and
(ii) by substituting for the words one hundred the
words five hundred;
(h) in subsection (13)
(i) by substituting for the words ten thousand ringgit
the words fifty thousand ringgit or to imprisonment
for a term not exceeding three years or to both;
and
(ii) by substituting for the words two hundred and
fifty the words one thousand;

Street, Drainage and Building (Amendment)

(i) in subsection (14), by inserting before the words in

accordance with this Act the words by the principal
submitting person or submitting person;
(j) in subsection (18), by substituting for the words the
person who has submitted the plan the words the principal
submitting person or submitting person;
(k) in subsection (19), by substituting for the words qualified
person the words principal submitting person or
submitting person and signed by the owner or his authorised
agent and the principal submitting person or submitting
person; and
(l) by inserting after subsection (19) the following subsections:
Issuance of certificate of completion and compliance
(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.

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(22) Nothing contained in this Act shall affect the
powers conferred on the local authority by this Act or
any by-laws made thereunder pertaining to the erection
and construction of a building for the purpose of ensuring
that the erection and construction of such building are
in conformity with the approved plans and the provisions
of this Act or any by-law made thereunder.
(23) If it appears to the local authority that a noncompliance with the approved plans and provisions of
this Act or any by-laws made thereunder by the principal
submitting person has occurred in the erection and
construction of the building, the local authority may
issue to the principal submitting person
(a) a notice in writing, requiring compliance within
the period specified in the notice, as the local
authority thinks fit, in order that the noncompliance be rectified; and
(b) a directive in writing to withhold the issuance
of the certificate of completion and compliance
until such non-compliance has been rectified.
(24) If the direction referred to in paragraph (23)(b)
is not complied with by the principal submitting person,
the local authority may itself cause any work to be
executed or any measure to be taken if it considers
such work or measure is necessary to rectify the noncompliance.
(25) The cost for executing such work or taking
such measure as referred to in subsection (24) shall be
borne by the owner of the building.
(26) The amount of the costs to be so recovered by
the local authority shall be certified by the local authority
and the certificate of the local authority in this regard
shall be conclusive proof of the matters stated therein
and shall not be subject to any appeal or review in any
court.
(27) Any person who
(a) is not the principal submitting person but issues
a certificate of completion and compliance;

Street, Drainage and Building (Amendment)

(b) issues a certificate of completion and

compliance without the relevant forms as
prescribed in any by-laws made under this
Act;
(c) issues a certificate of completion and
compliance in contravention of a direction
given by the local authority to withhold such
issuance pending rectification of any noncompliance;
(d) knowingly makes or produces or causes to be
made any false or fraudulent declaration,
certificate, application or representation of
any form prescribed in any by-laws made
under this Act;
(e) uses any forged, altered or counterfeit
declaration, certificate, application or
representation of any form prescribed in any
by-laws made under this Act knowing the
declaration, certificate, application or
representation have been forged, altered or
counterfeited; or
(f) occupies or permits to be occupied any building
or any part thereof without a certificate of
completion and compliance,
shall be liable on conviction to a fine not exceeding
two hundred and fifty thousand ringgit or to imprisonment
for a term not exceeding ten years or to both..
Amendment of section 70A
6. Paragraph 70 A (17)(c) of the principal Act is amended by
substituting 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 substituting
for the words qualified person appearing after the words other
than the the words submitting person.

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Amendment of section 75
8. Section 75 of the principal Act is amended by substituting for
the words person submitting the plan the word owner wherever
it appears.
Amendment of section 85A
9. Section 85A of the principal Act is amended
(a) in subsection (1) in the definition of engineer, by
substituting for the words professional engineer the
words Professional Engineer;
(b) in paragraph (3)(a), by substituting for the words first
certificate of fitness for occupation the words certificate
of completion and compliance; and
(c) in subsection (9)
(i) by substituting for the words certificate of fitness
for occupation the words certificate of completion
and 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 123
the following section:
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..
Amendment of section 127
11. Section 127 of the principal Act is amended
(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.

Street, Drainage and Building (Amendment)

Amendment of section 133

12. Section 133 of the principal Act is amended
(a) in paragraph (xiia), by substituting for the words person
qualified to submit the same the words principal
submitting persons and submitting persons; and
(b) in paragraph (xiig), by substituting for the words making
applications for temporary certificate of fitness for
occupation, partial certificate of fitness for occupation
and certificate of fitness for occupation the words the
issuance of the certificate of completion and compliance
and 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 or
partial certificate of fitness for occupation in any written law or
document shall, when this Act comes into operation, be construed
as references to the certificate of completion and compliance and
partial certificate of completion and compliance respectively.
Saving and transitional
14. (1) Nothing in this Act shall affect the past operation of, or
anything done under the provisions of, any law relating to temporary
certificate of fitness for occupation, partial certificate of fitness
for occupation and certificate of fitness for occupation in local
authority areas passed before the date of coming into operation of
this Act.
(2) Where on the date of coming into operation of this Act
(a) building plans for the erection of buildings are pending
before the local authority;
(b) building plans for the erection of buildings have been
approved by the local authority;
(c) written directions was given by the local authority for
plans and specifications in respect of any building to be
amended and re-submitted; or
(d) amended plans and specifications are pending before the
local authority,

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the provisions of the principal Act applicable to the building plans

shall continue to apply as if the principal Act has not been amended
by this Act.
(3) Without prejudice to any penalty that may be imposed,
where on the date of coming into operation of this Act the work
of erection of a building has not commenced within twelve months
from the date on which the plans and specifications of the building
were approved, the provisions of the principal Act applicable to
the erection of the building shall continue to apply as if the principal
Act has not been amended by this Act if the work of erection of
the building is to commence on or after the date of coming into
operation of this Act.
(4) Where the work of erection of a building has commenced
immediately before the date of coming into operation of this Act,
the provisions of the principal Act applicable to the erection of the
building shall continue to apply as if this principal Act has not
been amended by this Act.
(5) Where the work of erection of a building has been suspended
immediately before the date of coming into operation of this Act
and is to resume on or after the date of coming into operation of
this Act, the provisions of the principal Act applicable to the
erection of the building shall continue to apply as if the principal
Act has not been amended by this Act.
(6) Without prejudice to any penalty that may be imposed, the
erection of a building without any approved plans and specifications
by the local authority under this Act immediately before the date
of coming into operation of this Act shall be subject to the provisions
of the principal Act as if the principal Act has not been amended
by this Act provided that
(a) an application for the approval of the plans and
specifications of the building is made to the local authority
on or after the date of coming into operation of this Act;
and
(b) the application referred to in paragraph (a) is approved.

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EXPLANATORY STATEMENT
This Bill seeks to amend the Street, Drainage and Building Act 1974
(Act 133) to replace the building certification system currently under the
purview of local authority to a new certification system by the private sector.
The certificate of fitness for occupation issued by the local authority will be
replaced by a certificate of completion and compliance to be issued by a
Professional Architect, Professional Engineer or building draughtsman who
under this Bill is described as the principal submitting person.
2. Clause 1 contains the short title and provisions on the application and
commencement of the proposed Act.
3. Clause 2 seeks to amend section 3 of Act 133, to substitute the definition
of certificate of fitness for occupation with the definition of certificate of
completion and compliance. It also seeks to introduce the following new
definitions in consequence of the introduction of the new certification system:
(a) building plans to refer to the plans to be submitted by the principal
submitting person;
(b) partial certificate of completion and compliance to replace the definition
of partial certificate of fitness for occupation;
(c) principal submitting person to refer to the qualified person responsible
for submitting the building plans for approval of the local authority
and who will be the person responsible for issuing the certificate of
completion and compliance under the new certification system;
(d) qualified person to refer to the category of qualified person recognized
under Act 133; and
(e) submitting person to refer to a qualified person who submits plans
other than building plans for approval of the local authority or relevant
statutory authority.
4. Clauses 3, 4, 6, 7, 8 and 9 seek to amend sections 58, 65, 70A, 70B, 75
and 85A of Act 133 respectively consequent to the amendment proposed in
clause 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 submitting
person. Under the present certification system, the local authority issues the
certificate of fitness for occupation of a building pursuant to the provisions of
the Uniform Building By-Laws made under the Act. The proposed new certification
system seeks to allow the principal submitting person to issue a certificate of
completion and compliance. References to the principal submitting person are
made 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 plans
and specification intended in that paragraph cover other requirements than just
the 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 using
any building for a purpose other than which it was originally constructed for
without prior written permission from the local authority. Penalties provided
in subsection (13) are also proposed to be increased.
In introducing the new certification system, eight new subsections have been
incorporated as follows:
(a) subsection (20) relates to the issuance of certificate of completion and
compliance by the principal submitting person;
(b) subsection (21) relates to the duties and responsibilities of the principal
submitting person;
(c) subsection (22) relates to the powers of the local authority pertaining
to the erection and construction of a building;
(d) subsection (23) empowers the local authority to issue a notice in
writing to the principal submitting person to rectify any non-compliance
with the provisions of Act 133 and any by-laws made thereunder and
a directive to withhold the issuance of the certificate of completion
and compliance until such non-compliance has been rectified;
(e) subsection (24) relates to the powers of the local authority to execute
any work or to take any measure it consider necessary to rectify the
non-compliance if the directive mentioned in paragraph (23)(b) is not
complied with by the principal submitting person;
(f) subsections (25) and (26) allows the local authority to recover any
costs incurred by it under subsection (24) from the owner of the
building; and
(g) subsection (27) relates to the offences under the new certification
system.
6. Clause 10 seeks to amend section 123 of Act 133 to be in line with
Clause (3) of Article 145 of the Federal Constitution and section 376 of the
Criminal Procedure Code.
7. Clause 11 seeks to amend section 127 of Act 133 to increase the general
penalties under the Act. The maximum fine and further fine are increased from
two thousand ringgit to ten thousand ringgit and from one hundred ringgit to
five hundred ringgit respectively.
8. Clause 12 seeks to amend section 133 of Act 133 consequent upon the
introduction of the new certification system.
9. Clause 13 seeks to provide that all references to the certificate of fitness
for occupation or partial certificate of fitness for occupation in any written law
or document shall, after the proposed Act comes into operation, be construed
as references to the certificate of completion and compliance or partial certificate
of completion and compliance.

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10.

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Clause 14 contains saving and transitional provisions.

FINANCIAL IMPLICATIONS

This Bill will not involve the Government in any extra financial expenditure.
[PN(U2)2519]