Section 8
Notice of new buildings
(2)
Any person who intends to erect any building shall submit—
(a)
to the local authority, such plans and specifications as may be required by any regulations made hereunder;
(b)
to any relevant authority, such plans and specifications in respect of fire safety measures, telecommunication, gas, utilities, the sewerage system and septic tank for the building as may be required by any other written law ; and
(c)
to the local authority, where the submission is made by an accredited checker, such notices as may be prescribed under the regulations made hereunder.
[Ins. Cap. A224]
(3)
[Deleted by Cap. A224]
(4)
The competent planning authority may, after considering a detailed site plan submitted to him, either approve it (in whole or in part and with or without modifications or reservations) or reject it.
(5)
In considering any such plan, the competent planning authority may take into account any matters which he thinks are relevant, whether or not they were taken into account in the plan as submitted to him.
(6)
No plans for the erection of a building shall be approved—
(a)
if the building is to be erected on any holding abutting on or having access to any new street or proposed new street, until plans for such new street have been approved by the competent planning authority under the provisions of this
Ordinance or under any written law;
(b)
before any deposit, required to be made under the provisions of section 7, has been made or unless such building or class of buildings have been exempted from the provisions of section 7 by the Yang di-Pertua Negeri under section 63(b);
(c)
until they have been approved by the competent planning authority;
(d)
unless provision is made in the plans for vehicle parking spaces in the proposed building or curtilage thereof or at an alternative site as may be required by the local authority under subsection (7)(p);
(e)
if the building is to be erected on land or building lots which are subject to the Part X of the Land Code [Cap. 81 (1958
Ed.)], unless accompanied by a sub-divisional plan certified by the competent planning authority to the effect that he has approved such sub-division;
(f)
until the plans and specifications as submitted in compliance with subsection (2)(b) have been approved; or
(g)
before any other conditions which the local authority or the competent planning authority may deem necessary to impose have been complied with.
(6A)
Notwithstanding subsection (6), no notices for the erection of a building under subsection (2)(c) shall be accepted by a local authority until the regulations made hereunder have been complied with.
[Ins. Cap. A224]
Local authority may give directions
(7)
The local authority may upon receipt of the advice, direction or instruction of the competent planning authority give written directions to the person submitting a plan and specification with regard to any of the following particulars:
(a)
compliance with this or any other written law;
(b)
the site of any building and the space to be left about any building to secure free admission of light and circulation of air and to facilitate scavenging;
(c)
the levels at which the foundation and lowest floor are to be laid;
(d)
the raising of the level of the site to form a stable and healthy foundation and the materials to be used in raising the same;
(e)
the elevation of the building;
(f)
the setting forward or back of building to the regular line of street as defined in section 4;
(g)
the class, design and appearance of the building is to be erected in a district, locality or street in which only buildings of a certain class, design or appearance may be erected;
(h)
the provision of a sufficient and pure water supply within a reasonable distance of the building and the provision of adequate infrastructure for street lighting;
(i)
the setting back of buildings to any building line as determined by the competent planning authority;
(j)
the provision and construction of an arcade or paved footway for use of foot passengers along any portion of the building lot which abuts on a street;
(k)
the size, height, spacing and materials of buildings;
(l)
the location of buildings, the extent of the yards, garden and curtilage of buildings;
(m)
the limit of the number of buildings or the number of specified class of buildings which may be constructed, erected on or made in, or under, any area;
(n)
the prohibition or restriction of building operations permanently in any area on the ground that, by reason of the situation or nature of the land, the erection of buildings thereon would be likely to involve danger or injury to health or excessive expenditure of public money in the provision of roads, water supply, electricity or other public services;
(o)
the sites of new roads entering a road or the site of a proposed road or, where land is sub-divided, to the provision of part of such land for the purpose of widening the existing road;
(p)
in the case of housing developers or the erection of any building intended to be used for purposes of business or industry, the provision and construction of car parks or any payment in lieu thereof:
Provided that no direction shall be made in pursuance of this subsection, with respect to any matters specified in sections 3, 4, and 5, until the competent planning authority has been consulted.
(8)
The qualified person to whom any written directions are given shall amend the plans and specifications accordingly, and re-submit, the amended plans and specifications or comply with any other directions within such period as the local authority may specify.
(9)
Where such amended plans are not re-submitted within the specified period, or such extended period, they shall not be reconsidered and shall be deemed to have been withdrawn but he may submit fresh plans and specifications.
Buildings directed to be set forward
(10)
Where a building is directed to be set forward to a regular line of street, it shall be a sufficient compliance with such direction if a wall or fence of such materials and dimensions as may be approved by the local authority is erected at a distance from the line sufficient to provide any arcade or footway which may be required under this
Ordinance.
Compensation where building directed to be set back
(11)
If the competent planning authority directs any person submitting the plan of a building to set such building back to a regular line of street, the competent planning authority may take possession of the land within the regular line of street and the land so taken possession of shall be acquired by the Government at the request of the competent planning authority in accordance with the provisions of
Part IV of the Land Code [Cap. 81 (1958 Ed.)] and shall thenceforth be deemed a part of the public street.
Notice of commencement of building works
(12)
No person shall commence the erection of a building unless—
(a)
such work is commenced within twelve (12) months from the date on which the plans and specifications of such building were approved by the local authority;
(b)
he has given the local authority four (4) clear days’
notice in writing of his intention to commence such works.
(c)
a copy of its structural plans, calculations and any other particulars, documents or reports as may be required by the local authority have been submitted; and
(d)
he has given the local authority the notice as prescribed under the regulations made hereunder.
[Ins. Cap. A224]
(13)
For the purposes of subsection (12)(a), “plans and specifications” means the plans and specifications originally approved by the local authority but does not include any amending plans or specifications subsequently approved by the local authority in connection therewith.
Effect of suspension of building works
(14)
Where works on a building which have been commenced are suspended for a continuous period of more than three (3)
months—
(a)
the plans and specifications for such building shall be deemed to have been revoked by the local authority: Provided that the approval for such plans and specifications may be renewed by the local authority upon application by the qualified person submitting the building plans, upon such terms and conditions as the local authority may impose; and
(b)
works on such a building shall not resume without the permission in writing of the local authority.
(15)
Any person who makes any alteration to any building otherwise than is provided for in this Ordinance or without the prior written permission of the local authority shall be guilty of an offence and shall upon conviction, be liable to a fine of not less than ten thousand ringgit and not exceeding one hundred thousand ringgit and the Court before which a person is convicted for an offence under this subsection shall, on the application of the local authority, issue a mandatory order requiring such person to alter the building in any way or to demolish it.
(16)
Any person who uses any building or part of a building for a purpose other than which it was originally constructed for without the prior written permission from the competent planning authority shall be guilty of an offence and shall upon conviction, be liable to a fine of not less than ten thousand ringgit and not exceeding one hundred thousand ringgit and shall also be liable to a further fine of two hundred fifty ringgit for every day during which the offence is continued after a notice to cease using for other purpose has been served on such person.
(17)
Any person who—
(a)
erects, commences or resumes the erection of a building in contravention of this Ordinance or the regulations made hereunder;
(b)
deviates from any plan or specification approved by the local authority without the prior permission of the local authority; or
(c)
fails to comply with any lawful order or written direction of the local authority or with any term or condition attached by the local authority to any modification or waiver of any of the requirements of this Ordinance or any regulations made hereunder, shall be guilty of an offence and shall upon conviction, be liable to a fine of not less than ten thousand ringgit and not exceeding one hundred thousand ringgit and in the case of a continuing offence to imprisonment for one year and a fine of five hundred ringgit for every day during which the offence is continued after a notice requiring the person to comply with the provisions of this subsection has been served on such person.
[Sub. Cap. A224]
(18)
In any case where proceedings have not been instituted against any person who, by reason of failure to obtain prior permission from the local authority, has contravened subsection (17)
such person shall on the submission of plans and specifications to the local authority by the qualified person in accordance with this
Ordinance pay to the local authority a sum of ten times of the prescribed fees or a minimum of one thousand ringgit, whichever is higher as the Yang di-Pertua Negeri may prescribe, and in the event of plans and specifications being submitted without such payment, the local authority shall refuse to accept the same.
(19)
The Court before which a person is convicted for an offence under subsection (17) shall, on the application of the local authority or of a public officer authorized by the local authority in writing in that behalf, make a mandatory order requiring such person to alter in any way or demolish the building.
What constitutes erecting a building
(20)
For the purposes of this section and of section 13 a person shall be deemed to erect a building who—
(a)
begins work on the site thereof for or in respect of a new building;
(b)
adds to or alters any existing building in such a manner as to involve—
(i)
new foundations; or
(ii)
new or partly new or increased superstructure or roof on existing walls or existing foundations;
(c)
converts into a dwelling house any building not originally constructed for human habitation;
(d)
converts into more than one dwelling house a building originally constructed as one dwelling house;
(e)
converts to other purposes a house originally constructed as a dwelling house;
(f)
departs either before or after the completion of the building in any particular form from any plan or specification approved by the local authority at any time in respect of such building;
(g)
infringes the provisions of this Ordinance or any regulations made hereunder relating to buildings;
(h)
renews or repairs any existing building in such a manner as to involve a renewal, reconstruction or erection of any portion of an outer or party wall to the extent of one storey in height whatever the material of such outer or party wall is;
(i)
demolishes and reconstructs or adds to a building in such a manner as to involve more than—
(i)
half the superficial area of walls and partitions;
or
(ii)
half the superficial area of floors (excluding ground floor) or roofs; or
(j)
constructs an additional storey or storeys, or renews, reconstructs or erects an outer or party wall of the first, second or third storey counting from the ground, to the extent of one storey in height:
Provided that, for the purposes of subsection (2) and for the purposes of section 13 a person who executes or does any of the works or things specified in paragraph (b)(ii), (f), (g) or (h) shall not be deemed to erect a building.
The expression “erection of a building” shall be construed accordingly.
Works executed on the same building on two or more occasions within ten years may be deemed to be one reconstruction and aggregated for purposes of this definition.
(21)
Where the erection of any building is commenced or carried out in respect of any building, it shall be presumed, until proved to the contrary, to have been commenced or carried out by the owner of the land whereon such building is erected and he shall be liable therefor.
(b)
Where a building is erected on vacant land and the person who actually erected the building is not known or cannot be found in
Sarawak, the building shall be deemed to have been erected by the owner of such land who shall be liable therefore.
Approval of plans
(22)
If the local authority does not, within six calendar months from the date of the submission of any plans under subsection
(2)
or from the date of the resubmission of such plans amended pursuant to subsection (8), as the case may be, approve, disapprove or make written requisition with regard thereto, the person who has submitted the plan may apply to the Minister, and the powers vested in the local authority under this section shall then vest in the Minister.
(b)
The provisions of paragraph (a) shall not apply to plans and specifications submitted in compliance with subsection (2)(b).
(23)
Where the plans and specifications are accompanied by any notice given by an accredited checker for the purposes of subsection (2)(c), the local authority shall not reject the plan and specification if the proposed work is carried out in accordance with the submitted notices, plans and specifications which complies with the provisions of the regulations made hereunder except if—
(a)
they are defective with respect to any provisions of the building regulations that are so specified; or
(b)
they show that the proposed work would contravene any provisions of this Ordinance and any regulations made hereunder.
[Ins. Cap. A224]