Malaysia legislation

Section 14

of *STREET, DRAINAGE AND BUILDING ACT 1974

Section 14

(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.

Street, Drainage and Building 33

Acquisition of whole holding in certain circumstances

(3)

Where the acquisition under this section of any portion of a 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:

(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 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

34 Laws of Malaysia ACT 133

(f)

any other matters which in the opinion of the local authority are relevant and proper to be considered.

(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.

(10)

For the purpose of this section “developer” means the developer of lands belonging to persons who would be the frontagers.

Repair of private streets