Street, Drainage and Building Act 1974 · Updated to 31 Dec 2019 · Part II · Streets
Section 14
Official textFrom Laws of Malaysia Online, unchanged
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:
local authority
“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;
Provided that any acquisition of premises shall be in accordance with the law relating to the compulsory acquisition of land.
premises
“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;
Acquisition of whole building if part rendered useless
building
“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;
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.
owner
“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 Street, Drainage and Building 15 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;
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street
“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;
Acquisition of whole holding in certain circumstances
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.
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
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
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 frontage of their respective premises;
the area of their respective premises;
the degree of benefit to be derived by those premises from the widening of the street;
the amount and value of street works already executed by any frontager or developer;
the cost of premises voluntarily surrendered by the owners to the local authority; and
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any other matters which in the opinion of the local authority are relevant and proper to be considered.
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.
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
developer
“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;
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.
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.
For the purpose of this section “developer” means the developer of lands belonging to persons who would be the frontagers.
Terms defined in s 3
building
Defined · s 3“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;
developer
Defined · s 3“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;
frontager
Defined · s 3“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;
local authority
Defined · s 3“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;
owner
Defined · s 3“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 Street, Drainage and Building 15 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;
premises
Defined · s 3“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;
street
Defined · s 3“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
Defined · s 3“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;
Part III
Drains
Part IV
Back-Lanes
Part V
Buildings
Part VI
Miscellaneous
Part VII