Street, Drainage and Building Act 1974 · Updated to 31 Dec 2019 · Part II · Streets
15. Repair of private streets
Official textFrom Laws of Malaysia Online, unchanged
Where any private street or any part thereof is in a dangerous or defective condition, the local authority may, by notice in writing, require—
the developer;
the frontagers of such street; or
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.
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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:
frontager
“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;
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.
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;
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.
person
“person” includes a company, a partnership, a body of persons and a corporation sole;
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:
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 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).
street works
“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;
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.
For the purpose of this section “developer” means the developer of lands belonging to persons who would be the frontagers.
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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;
person
Defined · s 3“person” includes a company, a partnership, a body of persons and a corporation sole;
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