Street, Drainage and Building Act 1974 · Updated to 31 Dec 2019 · Part II · Streets
22. Preparation of scheme for building
Official textFrom Laws of Malaysia Online, unchanged
Where the local authority has reason to believe that any land is likely to be used for building purposes, it may prepare a scheme consistent with any plans made under any law relating to town and country planning, showing the streets, back-lanes and open spaces which it deems necessary to secure proper sanitary conditions, amenity and convenience in connection with the laying out and the use of such land and of any neighbouring lands.
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;
The local authority shall as soon as the scheme is prepared publish a public notice of the preparation of the scheme in the Gazette and in such local newspaper or newspapers as the local authority may determine, giving particulars of place where copies of the scheme may be inspected, inviting objections in writing from any person with respect to the scheme and stating the period (which shall not be less than one month) within which such objections may be made.
person
“person” includes a company, a partnership, a body of persons and a corporation sole;
If no objection is received within the period in which objections may be made the local authority shall apply to the State Authority for an order that the scheme be confirmed.
Where there is any objection the local authority shall, after the expiry of the period within which such objection may be received, consider such objection and may in this connection hear any person who in filing the objection has requested to be heard.
The local authority shall after considering the objection submit to the State Authority its scheme whether modified or otherwise and may enter its reasons for refusing to modify or for modifying in the manner that it did.
Order may be made with conditions
The State Authority may by order confirm the scheme submitted by the local authority under subsection (3) or (5) and may, in confirming the scheme, modify the scheme or impose such conditions as the State Authority thinks fit.
42 Laws of Malaysia ACT 133
State Authority may modify scheme
The State Authority may, on the application of either the owner of the land affected or the local authority at any time after any scheme has been confirmed under subsection (6) but only after giving every owner or reputed owner of any property which in its opinion is affected by such modification and the local authority an opportunity to be heard either in person or by counsel, modify such scheme or any part thereof.
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;
Effect of plan forming part of scheme
Any plan forming part of any scheme made under this section shall, for the purposes of section 70, have the same effect as a plan approved by the local authority under that section:
Provided that the duty imposed by the scheme shall not attach to any person unless and until he submits a plan for the erection of a building on some part of the land comprised in the plan under section 70.
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;
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;
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;
person
Defined · s 3“person” includes a company, a partnership, a body of persons and a corporation sole;
Part III
Drains
Part IV
Back-Lanes
Part V
Buildings
Part VI
Miscellaneous
Part VII