Malaysia legislation
Section 17
Section 17
(a)
where any building which is to be erected will have frontage on a private street in respect of which the local authority may be able to exercise its powers under the provisions of section 11 to require street works to be executed or to execute street works on its own; or
Street, Drainage and Building 37
(b)
in any case where an application is required, under the provisions of section 9, for the making of a new street, no work shall be commenced or done for the purpose of erecting such buildings, unless—
(aa) the person erecting the building has deposited with the local authority such sum, if any, as may be required to be deposited in accordance with an order made under section 18; or
(bb) the deposit in respect of the erection of such building or class of buildings has been exempted under any order made by the State Authority under subsection (8):
Provided that such person may, if the local authority so agrees, instead of making a deposit of a sum of money give a security to the satisfaction of the local authority.
(2)
If any work for the erection of any new building is commenced in contravention of subsection (1), the local authority shall serve a notice in writing upon the person who, in the opinion of the local authority, is responsible for the commencement of any such work, or post a notice at the site of the erection of the new building, requiring such person and any other person to cease building operation forthwith and the building operation shall not resume unless the requirements under subsection (1) have been complied with.
(3)
If the person served with the notice under subsection (2) claims that he is not the person responsible for the commencement of any such work, he shall, within seven days of service of the notice on him, lodge his disclaimer of responsibility with the local authority.
(4)
If any work for the erection of any new building is commenced in contravention of subsection (1) the person who is responsible for the commencement of such work shall be liable on conviction to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.
38 Laws of Malaysia ACT 133
(5)
Any person who fails to comply with any notice under subsection (2) shall in addition to any fine imposed under subsection (4) be liable to a further fine not exceeding two hundred and fifty ringgit for every day during which such notice was not complied with.
(6)
Where any person has been convicted of an offence under subsection (4) or (5) or both and the erection of the building has been completed, the court before which such person is convicted may, in addition to such fine or imprisonment that it may impose under subsection (4) or (5) or both, order him to deposit any amount that he would have been required to deposit under section 18, and such amount may be recovered according to the law for the time being in force for the recovery of fines.
(7)
A certificate of the local authority stating that it is of the opinion—
(a)
that the person named in such certificate is responsible for the commencement of any work for the erection of any new buildings; or
(b)
that any new building in respect of which a prosecution had been instituted in regard to the commencement of any work, for contravening subsection (1), has been completed, shall be prima facie evidence of such facts for the purposes of any prosecution under this section.
(8)
The State Authority may by order in writing exempt any building or class of buildings from the provisions of subsection (1).
Determination of the amount to be deposited and the date of completion