Street, Drainage and Building Act 1974 · Updated to 31 Dec 2019 · Part II · Streets
9. Private persons making new streets
Official textFrom Laws of Malaysia Online, unchanged
No person shall make any new street without the prior written permission of the local authority.
person
“person” includes a company, a partnership, a body of persons and a corporation sole;
Any person who intends to make any new street shall apply to the local authority, accompanied by a plan in duplicate, showing the intended level and construction of such street and the level of the houses to be built on the land abutting upon it and the proposed manner of draining it and by a statement specifying the use for which such street is intended:
street
“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;
Provided that the local authority shall not approve the detailed plans of any new street unless the use of the land for this purpose has been approved by the competent authority under any law relating to town and country planning.
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 may give written directions to the person submitting a plan for a new street with regard to any of the following particulars:
compliance with this Act and any by-laws made thereunder;
the line of the new street, so as to ensure that it forms a continuous street with any existing or proposed new street;
the level, material and construction of the new street;
the provision of footpaths and the size, specification and gradient of such footpaths;
the provision along the length of the new street of intersecting streets or back-lanes;
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the width of the new street;
the width of any intersecting street or back-lane, which shall be of such width as the local authority requires;
the gradients, levels and mode of drainage of the new street and of any intersecting streets or back-lanes;
the rounding of the corners of new streets;
the provision of culverts and the sizes, specifications and gradients of such culverts; and
the provision of street lighting, and the person to whom any such written directions are given shall amend the plan accordingly.
The person whose plan has been approved by the local authority and each successor in title of such person, in so far as the street lies in the land acquired by him, shall lay out the new street and demarcate its boundaries by such boundary stones or other marks as may be specified by the local authority to denote the length, width and alignment of the street.
If the new street has not been laid out and demarcated within the period of six months from the date when the plan was first approved or within such further period as may be approved by the local authority, the local authority may enter upon the land and lay out the new street and demarcate its boundaries at the expense of the person whose plan has been approved or of his successor in title.
The person whose plan has been approved by the local authority or his successor in title in so far as the street lies in the land acquired by him shall, if he constructs the new street, construct the new street in accordance with the plan approved by the local authority within such period as may be specified in such approval:
Provided that the local authority may renew such approval for such period as it considers necessary.
24 Laws of Malaysia ACT 133
Any person who—
constructs any new street otherwise than in accordance with a plan approved by the local authority under this section;
without the permission in writing of the local authority plants any hedge in such manner that any part thereon is in any direction less than twenty feet from the centre of the carriageway of any street, not being a public street, or less than forty feet from the opposite side of any road or path which is used or intended to be used as the means of access to two or more houses exclusive of the width of any footway which the local authority requires; or
constructs any culvert or bridge on the line of the new street drainage otherwise than in accordance with the plans and specifications approved by the local authority, shall be liable on conviction to a fine not exceeding two thousand ringgit, and a Magistrate’s Court shall, on the application of the local authority, make a mandatory order against the offender requiring him to execute any one or more of the following works:
to alter the street;
to remove any hedge so planted;
to alter or remove any culvert or bridge so constructed; or
to comply with the plan approved by the local authority.
Where any new street is stated to be intended for pedestrians, the local authority may impose such conditions for ensuring that the same shall not be used by vehicles or classes of vehicles as may be specified by it.
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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;
Any person who keeps open or uses such street in breach of the conditions imposed under subsection (8) shall be liable on conviction to a fine not exceeding one thousand ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day during which the offence is continued after service of a notice to cease the breach.
No person shall erect or maintain or permit to be erected or maintained any obstruction in any street, and the local authority may, where any such obstruction exists, take down and remove the same and cost and expenses of so doing may be recovered from the person who erects, maintains or permits the erection or maintenance of such obstruction and shall be recoverable in the manner hereinafter provided.
For the purposes of this section the continuation of an existing street or the widening or alteration of any existing street or the adapting for carriage traffic of a street made for other traffic shall be deemed to be making a new street in respect of the whole thereof.
If the person applying under subsection (2) is dissatisfied with any requisition or disapproval by the local authority, he may, within seven days from the receipt of such requisition or disapproval, appeal to the State Authority whose decision shall be final.
If the local authority does not, within two months of receipt of the application and plan under this section approve, disapprove or make written requisition with regard thereto the applicant may then apply to the State Authority, and the powers vested in the local authority under this section shall then be vested in the State Authority.
Terms defined in this Act
back-lane
Defined · s 69“back-lane” includes every back-lane whether now or hereafter existing and part thereof and any approach thereto and all land already or hereafter acquired or set apart for or laid out as a back lane and all channels, drains and appurtenances of a back-lane.
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;
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;
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;
Part III
Drains
Part IV
Back-Lanes
Part V
Buildings
Part VI
Miscellaneous
Part VII