Section 8B
Order to review safety and stability in the course of erection of building
—
Where there are changes to the topography, features to the land or the surrounding area brought about by the erection of building or natural causes which are not in conformity with any approved plan in relation thereto, the local authority may carry out a visual inspection.
(2)
Where the local authority reasonably suspects there is a defect, deformation or deterioration in the structure of a building under erection which may likely result in the failure of the building, the local authority may, after consultation with the Chief Inspector of
Buildings, issue to the owner of the building an order to review the safety and stability of—
(a)
the building;
(b)
the foundation of the building; and
(c)
the surroundings on which the erection of building is in progress.
(3)
The review shall be undertaken by a qualified person other than the qualified person who prepared and certified the plans, calculations, particulars, documents or reports submitted to the local authority before the commencement of erection of building.
(4)
The report of the review shall be submitted to the local authority within the period specified by the local authority.
(5)
The local authority may, after evaluating the report of the review and after consulting the Chief Inspector of Buildings—
(a)
certify that the safety of life or property is affected or is likely to be affected by the erection of building; and
(b)
serve a notice in writing to the owner of the building of its intention to issue an order for cessation of the erection of building.
(6)
The local authority shall inform the owner of the building of his right to object to its of intention to issue an order for cessation of the erection of building, within fourteen days from the date of service of the notice in subsection (5)(b), and if no objections are received within the period the order for cessation shall be issued with immediate effect.
(7)
If objections are received under subsection (6), the local authority shall, as soon as possible after the expiry of the period within which objections may be made, hear any person who has lodged an objection and thereafter decide after consulting the Chief
Inspector of Buildings, whether—
(a)
an order for cessation of the erection of building shall be issued; or
(b)
instructions under subsection (8) shall be given.
(8)
Without prejudice to its power under subsection (5), the local authority shall, after evaluating the report of the review and after consultation with the Chief Inspector of Buildings and acting in accordance with his advice and direction, give to any person written instruction including the submission of a fresh or an amended plan in respect of the following:
(a)
the stabilization of slope;
(b)
the provision of additional drainage facilities;
(c)
the strengthening of existing retaining walls and the construction of new walls;
(d)
the provision of other additional features to support existing construction works; and
(e)
such other matters as the local authority considers necessary, for the purpose of remedying any defect, deformation or deterioration in the structure of the building, removing any danger to life or property and ensuring safety and stability of the building, its foundation and surroundings and such instructions shall be complied with within the period specified therein.
(9)
Where the instructions given under subsection (8) are not complied with, the local authority may order the cessation of the whole or any part of the erection of building.
(10)
Where an order for cessation of the erection of building made under—
(a)
subsection (6);
(b)
subsection (7)(a); or
(c)
subsection (9), whether in whole or in part, is not complied with, the local authority may summarily eject any person or remove any equipment, vehicle, machinery or article from the site where the building is being erected to secure the cessation of the erection of building and for this purpose may seek the assistance of the police.
(11)
Notwithstanding subsections (9) and (10), the local authority may, after consulting the Chief Inspector of Buildings and acting in accordance with his advice or direction, execute any work, take any measure or demolish a building under erection—
(a)
if it considers such work, measure or demolition necessary to prevent an imminent danger to life or property; or
(b)
in the case of non-compliance with any instructions given under subsection (8), and such work, measure or demolition may be in addition to or in place of anything required to be done under such instructions and the local authority may recover all expenses reasonably incurred by it in doing so from the owner of the building.
(12)
The local authority or any person authorized by it or on its behalf or the Chief Inspector of Buildings may enter the site of a building under erection at any time without notice to the owner thereof to carry out an inspection or for any other purposes under this section.
(13)
Where—
(a)
the cessation of the erection of building—
(i)
has been ordered under subsection (6), (7)(a)
or (9), as the case may be; or
(ii)
has been secured under subsection (10);
(b)
instructions have been given under subsection (8); or
(c)
any remedial work has been executed or measure has been taken under subsection (11), the local authority may, after consultation with the Chief Inspector of
Buildings, allow the resumption of the erection of building subject to compliance with such instructions and conditions as it may specify.
(14)
The local authority may, without prejudice to its right to recover the expenses under section 41, refuse to allow the resumption of the erection of building under subsection (13) until all expenses reasonably incurred by it in securing the cessation of the erection of building, executing the work or taking the measure have been reimbursed by the owner of the building.
(15)
Any person who—
(a)
fails to comply with any order, instruction or condition given under this section; or
(b)
does any act to obstruct in any manner whatsoever the local authority or any person authorized by it or on its behalf in the execution of its or his powers under this section, shall be guilty of an offence and shall upon conviction, be liable to a fine of not less than twenty thousand ringgit but not exceeding two hundred thousand ringgit and imprisonment for two years and, in the case of a continuing offence, a further fine of one thousand ringgit for every day during which the offence is continued after conviction.