Malaysia legislation
Section 5
Section 5
Section 85a of the principal Act is amended—
(a)
in the shoulder note, by inserting after the word “buildings”
the words “and slopes”;
(b)
in subsection (1), by substituting for the definition of “owner” the following definition:
‘ “owner” means owner of a building or land and in relation to a subdivided building includes—
(a)
the owner of a parcel of the building;
(b)
any person who is responsible for the building;
or
(c)
the joint management body and management corporation under the Strata Management Act 2013 [Act 757].’;
(c)
in subsection (2)—
(i)
by deleting the word “only”; and
(ii)
by inserting after the words “ a storey” the words
“, and a land with slope having a gradient more than twenty-five degrees and total vertical height more than ten metres, whether such land erected with or without building”.
(d)
in subsection (3)—
(i)
by deleting the words “the owner of a building, require the building to be inspected”;
Street, Drainage and Building (Amendment)
(ii)
by substituting for paragraph (a) the following paragraph:
“(a) the owner of a building, require the building to be inspected—
(i)
after the tenth year commencing from the date the certificate of completion and compliance in respect of the building was issued; and
(ii)
thereafter at intervals of not more than ten years from the date of the completion of the last inspection of the building; and”; and
(iii)
by substituting for paragraph (b) the following paragraph:
“(b) the owner of a land with slope, require the slope to be inspected—
(i)
after the fifth year commencing from the date of the possession of land in respect of the slope; and
(ii)
thereafter at intervals of not more than five years from the date of the completion of the last inspection of the slope.”;
(e)
in subsection (4)—
(i)
by inserting after the words “The owner of a building” the words “or land with slope”; and
(ii)
by inserting after the words “cause the building”
the words “or slope”;
(f)
in subsection (5)—
(i)
by substituting for the words “the building or cause the building” the words “the building or slope or cause the building or slope”; and
(ii)
by inserting after the words “the owner of the building” the words “or land with slope”;
(g)
in subsection (6)—
(i)
by inserting after the word “building” wherever appearing the words “or slope”;
(ii)
in paragraph (c)—
(A)
by substituting for the words “structural stability or integrity” the words “structural or slope stability or integrity”; and
(B)
by substituting for the words “structural investigation” the words “structural or slope investigation”;
(iii)
in paragraph (d)—
(A)
by substituting for the words “structural investigation” the words “structural or slope investigation”;
(B)
by substituting for subparagraph (ii)
the following subparagraph:
“(ii) checking the structural plans of the building or slope together with its structural calculations or geotechnical report, or with a view to determine any inadequacy in the structural elements of the building or slope;”; and
(C)
by inserting after subparagraph (ii)
the following subparagraph:
“(iia) if the structural plans, structural calculations or geotechnical report referred to in subparagraph (ii) is not available, the engineer shall reconstruct such plans, calculations or report where the local authority
Street, Drainage and Building (Amendment)
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so requires, with a view to determine any inadequacy in the structural elements of the building or slope;”;
and
(iv)
in paragraph (e), by substituting for the words
“structural investigation” the words “structural or slope investigation”;
(h)
in subsection (7)—
(i)
by substituting for the words “structural investigation”
the words “structural or slope investigation”; and
(ii)
by inserting after the word “building” wherever appearing the words “or slope”;
(i)
in subsection (8), by inserting after the word “building”
the words “or land with slope”;
(j)
in subsection (10), by substituting for the words “structural investigation” the words “structural or slope investigation”;
and
(k)
in subsections (11), (12) and (14), by inserting after the word “building” wherever appearing the words “or land with slope”.
Amendment of section 133