Street, Drainage and Building Act 1974 · Updated to 31 Dec 2019 · Part II · Streets
Section 34
Official textFrom Laws of Malaysia Online, unchanged
The local authority may give permission in writing to owners of houses or buildings fronting, adjoining or abutting on public street of not less than forty feet in width to project open verandahs, balconies, sun shades, weather frames and signboards and may, in granting such permission, impose any condition it thinks fit.
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;
50 Laws of Malaysia ACT 133
On breach of any such condition the local authority may give the owner or occupier notice to comply with such condition and, if such condition is not complied with within thirty days, a Magistrate’s Court shall, on the application of the local authority, make a mandatory order for the removal of such projection.
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;
Penalty
Any person who contravenes any of the conditions imposed under subsection (1) shall be liable on conviction to a fine not exceeding one thousand ringgit and shall also be liable to a further fine not exceeding two hundred and fifty ringgit for every day during which the offence is continued after a notice to remedy the contravention has been served upon the owner or occupier.
person
“person” includes a company, a partnership, a body of persons and a corporation sole;
Terms defined in s 3
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;
occupier
Defined · s 3“occupier” means the person in actual occupation of the land or building in respect of which the word is used, or having the charge, management or control thereof either on his own account or as agent of another person, but does not include a lodger;
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;
public street
Defined · s 3“public street” means any street over which the public has a right of way which was usually repaired or maintained by the local authority before the coming into operation of this Act or which has been transferred to or has become vested in the local authority under this Act or in any other manner;
Part III
Drains
Part IV
Back-Lanes
Part V
Buildings
Part VI
Miscellaneous
Part VII