Laws
Street, Drainage and Building Act 1974
Part III
s 61

In forceUpdated to 31 Dec 2019Current version · Updated to 31 Dec 2019Read it in Bahasa Malaysia

Contents

Street, Drainage and Building Act 1974

Find in this Act

IPreliminary

1Short title, application and commencement
2Savings
3Interpretation

IIStreets

4Maintenance and repair of public streets
5Power to make and improve streets
6Power to take land adjoining new streets for building purposes
7Power to acquire to be in accordance with law relating to compulsory acquisition
8Local authority may recover cost of new street or of widening, opening, etc., of public street
9Private persons making new streets
10Approval of plans to expire
11Paving, etc., of private streets
12(1) Where street works have been executed to the satisfaction of the local authority under this Part in respect of a private street, which...
13Private streets may be declared public streets
14(1) Whenever the local authority decides that it is necessary to widen, open, enlarge or otherwise improve any private street or any part o...
15Repair of private streets
16Notice on person causing private street to be in a dangerous or defective condition
17Payments to be made before erection of buildings in respect of street works
18Determination of the amount to be deposited and the date of completion
19Local authority may execute and cause to be properly carried out street works
20Refund of deposit when street works have been completed
21Refund of deposit when building operations are not commenced
22Preparation of scheme for building
23Regular line of street may be prescribed
24Local authority in certain cases may take possession of land within the regular line of street
25Provision of footways, etc.
26Local authority may put up lamp posts and lamps
27Situation of water pipes, etc., to be altered at the expense of the local authority
28Where road is injured by excavation local authority may repair and recover expenses
29Names of streets
30Designation of fire hydrants
31Numbers on houses
32Doors not to open outwards
33Projections from houses not to be allowed
34(1) The local authority may give permission in writing to owners of houses or buildings fronting, adjoining or abutting on public street of...
35Sky-signs
36Hedges and trees bordering streets to be trimmed
37Prevention of grass fires
38Trees not to be planted within twelve feet of street
39Taking up pavement
40(1) No person shall lay or carry any line of rails, mains, pipes, conduits or electric lines along, through, across, over or under any stre...
41Precautions against accident. Bars to be erected across streets during repairs and lights placed at night
42Materials not to be deposited without permission
43Dangerous places to be repaired or enclosed
44Duty of owner or occupier to keep street clean
45Watering streets
46Obstruction
47Depositing dirt on streets, etc.
48Interpretation, sections 46 and 47

IIIDrains

49Deleted
50(1) The local authority may cause to be made and constructed and maintained surface and storm water drains, culverts, gutters and water-cou...
51Local authority may recover cost of improving and making drains, etc.
52Prohibition against building unless provision made for drains, etc., and compliance with any notice or order
53Local authority to repair and alter and may discontinue surface and storm water drains, etc.
54Cleansing and emptying surface and storm water drains, etc.
55Penalty for making unauthorized drains into canal or stream
56(1) No pipe used for the carrying off of rainwater from any roof shall be used for the purpose of carrying off the soil or drainage from an...
57Water pipes, etc., not to be used as ventilating shafts
58Interpretation
59Local authority may require removal or alteration of urinals
60Deleted
61(1) The local authority may erect or fix to any building such pipes as are necessary for the proper ventilation of the drains and sewers be...
62Deleted
63Deleted
64Deleted

IVBack-Lanes

65Local authority may acquire land for part of back-lane
66State Authority may order back-lanes to be laid out
67Local authority may recover cost of acquisition for and laying out or construction of back-lanes
68Declaration of back-lane as public street
69General provisions as to back-lanes

VBuildings

70Notice of new buildings
70AEarthworks
70BOrder to review safety and stability in the course of erection of building
70CRevocation of approval of any plan, specification and permission
70DInspection of erection of building at any stage and taking of sample for analysis
71Penalty for failure of building or earthworks
72Demolition or removal of unauthorized building
73Penalty for letting out and sale of unauthorized building
74Modification or waiver of by-laws
75Land to be set apart for back-lane
76Prohibition of building on insanitary ground
77No building shall be erected over any public sewer, private connection pipe, public surface or storm water drain, culvert, water course, ri...
78Removal of roofs and walls made of combustible materials
79(1) No person shall erect or cause or permit to be erected in any building any partition, compartment, gallery, loft, roof, ceiling or othe...
80Movable shed not to be erected without permission
81(1) If any premises is at any time not drained of waters other than sewage to the satisfaction of the local authority by a sufficient drain...
82Hoardings to be set up during building operations
83Powers as regards building in ruinous and dangerous state
84Power to shut up and secure deserted buildings
85Building to which public have access to be clean
85APeriodical inspection of buildings and slopes
86Nuisances liable to be dealt with summarily under this Act
87Notice requiring abatement of nuisance
88On non-compliance with notice, nuisance order to be made
89Order for demolition of house unfit for habitation
90(1) Where an order for the demolition of a building has been made, the owner thereof shall, within the time mentioned in such order, take d...

VIMiscellaneous

91Mandatory order
92Provision as to appeal against order
93Proceedings where owner is unknown
94In case of urgency order may be made ex parte
95Protection of the State Authority and officers from personal liability
96Indemnity by local authority
97Power to enter upon lands for the purposes of this Act
98Power of any authority to enter on lands adjacent to works
99Any local authority in executing works to provide alternative roads, etc., where existing ones are interrupted, etc.
100Penalty for obstructing any authority in its duty
101Compensation, damages and costs to be determined by court
102Where occupier defaults owner may execute work Whenever default is made by an owner of any premises in the execution of any work required u...
103Exemption of agent who has no funds in hand
104Recovery of expenses and costs payable by owners
105Recovery of expenses and costs by instalments
106(1) For the recovery of arrears the local authority shall have and may exercise, either successively or concurrently, in addition to any ot...
107Attachment
108Application of proceeds
109Title conferred by purchase at sale under section 106
110Cost of proceedings for recovery of arrears
111Power to stop sale
112Application to court
113Security to be given
114Liability of transferor
115Proceedings if an occupier opposes the execution of works
116Disposal of matters and things removed by local authority
117Licences to be discretionary
118Notices, etc.
119(1) All notices, orders, receipts, warrants and other documents of whatsoever nature which a local authority is empowered to give by this A...
120Service of notices
121Default in compliance with notice. General penalty
122Court for trial of offences
123Prosecution
124Employee of authority may demand names and addresses in certain cases
125Power of arrest
126Saving of prosecutions
127General penalties
128Damage to property of local authority to be made good in addition to penalty
129Inaccuracies in documents
130Evidence
131Evidential provisions
132Improvement Service Fund

VIIBy-laws

133The State Authority shall have the power to make by-laws for or in respect of every purpose which is deemed by him necessary for carrying o...

Part VIII

134Repeals, transitional provisions, etc.
135Power of State Authority to make transitional provisions, etc.

Schedules

REPEAL A. The Town Boards Enactment of the Federated Malay States. Sections 67, 68, 69, 70, 71, 72, 73, 74, 76, paragraph...

Street, Drainage and Building Act 1974 · Updated to 31 Dec 2019 · Part III · Drains

Section 61

No plain-English summary for s 61 yet. See the rest of this law

Official textFrom Laws of Malaysia Online, unchanged

(1)

The local authority may erect or fix to any building such pipes as are necessary for the proper ventilation of the drains and sewers belonging to it.

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;

Open s 3

(2)

Such pipes shall be erected so as not to occasion any nuisance or inconvenience to such building or any building in the neighbourhood.

nuisance

Defined · s 3

“nuisance” means any act, omission or thing occasioning or likely to occasion injury, annoyance, offence, harm, danger or damage to the sense of sight, smell or hearing, or which is or is likely to be injurious or dangerous to health or property;

Open s 3

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;
Open 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;
Open s 3
nuisance
Defined · s 3
“nuisance” means any act, omission or thing occasioning or likely to occasion injury, annoyance, offence, harm, danger or damage to the sense of sight, smell or hearing, or which is or is likely to be injurious or dangerous to health or property;
Open s 3

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Part IV

Back-Lanes

Read on from Part IV

Part V

Buildings

Part VI

Miscellaneous

Read on from Part VI

Part VII

By-laws

Read on from Part VII

Part VIII

Read on from Part VIII

Schedules

Details

Street, Drainage and Building Act 1974 · s 61

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Where this comes from

Laws of Malaysia Online · Street, Drainage and Building Act 1974, Updated to 31 Dec 2019. Reader record updated on 2 Oct 2026.

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