Building plan approval

and Monitoring by Local

Authority
Street, Drainage and Building Act 1974 (Act 133) and Uniform
Building By-Laws 1984

BIE2014 Real Estate Law

Sr Dr. Hasniyati Hamzah
hasniyati@um.edu.my
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Introduction
 Overview of SDBA and UBBL
• The legal framework over new development is to ensure the
new building:
– is of acceptable standards and safe for occupation.
– will have access to basic facilities.
– does not overwhelm existing infrastructure planned for the
locality.
• Local Authority must give Planning Permission and Building
Plan approval of proposed devt.
• Professionals must ensure that the building has been
constructed according to the approved plan.
• The two main building law are
– Street, Drainage and Building Act 1974 (SDBA or Act 133)
– Uniform Building By-Law 1984 (UBBL)

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 Anatomy of
Anatomy of SDBA UBBL
• UBBL is divided into 9 parts:
• 131 sections, divided into
eight parts; I. Preliminary
II.Submission of plans for approval
I. Preliminary
III.
Space, light and ventilation
II. Streets IV.Temporary works in connection
III. Drains with building operations
V. Structural requirements
IV. Back-lanes
VI. Constructional requirements
V. Buildings VII. Fire requirements
VI. Miscellaneous VIII. Fire alarms, fire extinguishment
and fire fighting access
VII. By-laws
• PLUS schedules: Fees for
VIII. Repeals, Transitional submissions, Forms, Requirements
Provisions, etc. for ventilation, Material weight,
Roof, Fire and New building
certification (21 forms).
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Streets, Drainage and Building Act 1974 (Act 133)
• Act 133 consolidates the laws relating to street, drainage and
building in Local Authority areas in Peninsular Malaysia.
• This act makes the maintenance of street, drainage and building
the responsibility of both Local Authority and the private sector.
• The main objective is to provide minimum building standards
for purposes of health, safety and welfare of occupants.
• Main amendments
– 1994 post Highland Towers tragedy for more stringent
controls over hillside developments and periodic inspections.
– 2007 - new building certification procedures.

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Uniform Building Bylaws 1984
• UBBL was established to standardise previously multiple by laws
and streamline plan approval.

• UBBL specifies the material and construction standards of

buildings in Malaysia.

• UBBL is read together with Act 133, UBBL is detailed whilst Act
133 contains general provisions.

• Similarity of UBBL & Act 133: pre-occupancy building control i.e.

certification of newly completed buildings.

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Administration of SDBA and UBBL
• Administered by
– Local Authority
– State Authority
– Ministry of Local Government Development (previously Ministry of
Housing and Local Government or Kementerian Perumahan dan Kerajaan
Tempatan “KPKT”).
• Building Department at LAs implements the building control aspect of
SDBA and UBBL.
• One Stop Centre (OSC) at Las acts as the development secretariat i.e.
accepting and processing PP & BP application.
• OSC has shortened approval processes from up to 2 years to 120 days.
• Upon acceptance of the documents, the OSC will forward them to the OSC
Committee Members.
– Chaired by the Local Authority President
– Comprises Council Members, Heads of Town Planning and Land Office
and Heads of technical agencies.
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Advantages of UBBL Weaknesses of UBBL
• To establish uniformity of • Malaysia is not entirely
standards throughout Malaysia. urbanised –uniformity of
application of standards tends
• To regulate the design and
to affect smaller urban areas.
construction of buildings.
• Constant improvements and
• To save cost and expedite
innovation in building
application, processing and
technologies at times will create
approval of developments
conflicts with strict
applications.
interpretations of certain by-
• Provides a comprehensive section laws.
relating to structural fire
• Difficulty in interpretation of
precautions, compartmentation etc.
by-laws, monitoring its
• Specifies the eligibility of the implementation and reviewing
submitting persons and their its effectiveness.
responsibilities and duties.
• Emphasises the use of Malaysian
Standards.
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 Functions of Act 133
1. Clarifying the duties of Local Authorities and property
professionals to avoid overlaps.
2. Specifying the Local Authority’s power over building control
i. Building plan approval.
ii. Power to supervise during construction.
iii. Power to review completed building.
iv. Nuisance control.
v. Making building by-laws.
vi. Prevent obstruction of public spaces.
3. Building certification (CCC) – procedures and PSP responsibilities.
4. Clarifying LA’s enforcement power in building law.

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The duties of LA vs Professionals
• SDBA clarifies the responsibilities of each party to avoid overlaps.
• In essence
– PSPs are responsible to ensure that the design and
construction of the new building comply with building
standards (this system will be further discussed below)
– Local Authority’s role focuses on monitoring and enforcement
of building control.

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One Stop Centre ‘OSC’ at Local Authorities
• The OSC’s function is to process four (4) types of applications
concurrently:
– land matters
– planning permission / development order
– building plan
– earthwork plan and road and drainage plan
• Function of OSCs:
- To speed up development proposal applications process with
approval being made at one centre only;
- Coordinate applications regarding land matters, planning
permission, building plan and other related plans

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 Role of professionals
• Qualified Person
– architect, registered building draughtsman or engineer according to BL 2
of UBBL
• Principal Submitting Person ‘PSP’
– A qualified person who submits building plans to the Local Authority for
approval.
– PSP’s responsibility
• to ensure building plan is approved.
• to oversee proper building construction.
• to issue certificate of completion and compliance.
• BL 258: requirements of compliance by the qualified person in the event of
building failure
– BL 258(5): in the event of a building failure the qualified person is always
be held responsible even though the plans and calculations have been
approved by the LA.

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 PSP’s responsibilities
• The PSP’s responsibilities include
– submitting building plans for approval by the LA
– supervising the erection and completion of the building in
conformity with the approved plans and the requirements of the
provisions of Acts or by-laws
– ensuring all technical conditions concerning health, safety and
essential services imposed by the LA have been duly complied with
– ensuring that the building is safe and fit for occupation.
• PSPs are not responsible for
– Non-technical conditions such as bumiputra quota, low-cost
housing provision and contribution for public facilities.
– These have still to be resolved between the owner and the local
authorities at the planning and building plans approval stage or via
other mechanism.

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Building plan approval
process
Local Authority’s power over building control
• Any new building must have the building plan approved from the Local
Authority Section 70 SDBA
• Written permission should be obtained from the Local Authority prior to
erecting any building on the land Section 70(1)
• Any person who intends to erect any building must submit to the Local
Authority plans and specifications that are in accordance with Act 133
Section 70(2)
• ‘Erecting a building’ is defined under Section 70(16) as:
– building a new building
– renovation, extension, demolition, addition, alteration or conversion of an
existing building.
• Local Authority may attach conditions for the approval of the proposed
building plan Section 70(4).
• Building plans include site plans, key plans, floor plans, building sections and
elevations.

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Site Plan

16
Key Plan

17
Floor plan

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Building sections

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Building elevations

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LA’s enforcement under SDBA
• Illegal building
Section 70(11) Illegal building alteration can result in a fine
of not more than RM1,000 and demolition or rectification
order.

Section 70(12) Unauthorised change of original use of

building can result in a fine of not more than RM1,000, plus
not more than RM100 per day the offence was continued
after breach notice was served.

Section 70(13)(b) Deviation from the approved plan

without prior written permission of the local authority.

Section 70(13)(c) Erecting a building in contravention with

Act 133 or any by laws.
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LA’s enforcement under SDBA
• Illegal building
Section 70(13)(d) Failing to comply with any lawful order or
written direction by the Local Authority.

Section 79(1) Erecting any partition, compartment, gallery,

loft, roof, ceiling or other structure in aby building without
prior written permission.

Section 72 The Local Authority can demolish or remove

unauthorised buildings. At least 30 days’ notice should be
given to occupants of the building requiring them to vacate
the building [Section 72(6)].

Section 73 The sanction of letting and sale of unauthorised

building, which is imprisonment (max 2 years) or fine (max
RM10,000).
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LA’s enforcement under SDBA
• During construction
Section 71 The penalty for building and earthwork
failure due to misconstruction during construction,
misdesign or miscalculation and misuse.

Section 82(1) Not putting up sufficient hoarding or

fences to separate the buildings where such construction
works take place from any street or walkway.

Section 82(2)(a) Not maintaining the hoarding or fences

in good condition.

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 Part II (By-laws 3 to 29) UBBL: Submission
of plans for approval
• BL 3 (additional requirements to Section 70 SDBA)
– Prior to construction, the proposed building plan must obtain
approval of the Building Department of LA.
– All plans for buildings submitted to the local authority for
approval in addition to the requirements of UBBL shall facilitate
the concurrent processing system implemented at the One Stop
Centre.
– BL 3(1): additional requirements of Section 70 of Act 133.
– BL 3(1)(c): all plans & Form A must be certified by a qualified
person.
– BL 3(2): plans, drawings or calculation shall be submitted by a
qualified person.

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 Part II UBBL (cont’d)
• BL 5: The supervision of the erection of a building
shall be carried out by a qualified person
– a construction site supervisor who is accredited and
certified by the Construction Industry Development
Board (CIDB).
• BL 6(1) : all plans submitted must be signed by a
qualified person & the owner or his agent.

In KL, the filing fees for the application for building plan approval
are RM10.00 per 10 sq. m. or any part thereof (a minimum of
MYR 100.00) under the First Schedule of the Federal Territory of
Kuala Lumpur Building By-Laws of 1985.

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Part II UBBL (cont’d)
• BL 7: Qualified person
– BL 7(1): qualified person shall be fully responsible for the
execution of the works.
– BL 7(1)(a): substitution of another qualified person must be
agreed upon by the LA.
– BL 7(1)(b): the owner can substitute a qualified person
provided works has not commenced on site.
– BL 7(2): if the LA agrees to a substituted qualified person,
works on site should not be continued until a replacement has
been made.
– BL 7(3): if the original qualified person is incapacitated, the
owner must produce evidence prior to appointment of a
substitute.

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Part II UBBL (cont’d)
• BL 8: All building plans shall be deposited in triplicate or in
as many copies as may be required by the local authority.
• BL 8 to 10: stipulate submission requirements i.e no. of
sets, scale of drawings etc.
• BL 22(1): Form B-Notice to commence or resume the
works.
• BL 23(1): Form C-Notice of setting out completion.
• BL 24: Form D-Notice of completion of excavation for
foundation.
• BL 25(1): Form E-Application for the issue Certificate of
Fitness for Occupation (CFO).
• BL 25A: Form F-Certificate of Completion and Compliance.
• BL 29: submission fees in accordance with the First
Schedule to be paid 27
 Building Plan approval process
Applicant Technical 1. Fire and Rescue Services
-Submit complete
OSC Malaysia (BOMBA)
documents
Check
document if
departments 2. Communication and
complete
LA’s Building Multimedia Commission
(SKKM)
Dept. 3. LA’s Building Dept and
Engineering Dept.
Applicant
4. Department of Irrigation and
-Must construct OSC Drainage (JPS)
within 12 months OSC Committee 5. Indah Water Consortium
or approval lapses 6. JKR
7. JPPH
8. Department of Agriculture.
**The building plan approval will lapse after 12 9. Department of Environment.
months of approval date if construction is not 10. TNB
commenced. 11. Jabatan Mineral dan Galian.
2812. Etc.
Building Standards
 Building standards
• UBBL provides the minimum building standards to be
followed by new buildings.
• Part III –Space, Light & Ventilation
– BL 30: Open spaces to be provided.
– BL 38: Width of Footway.
– BL 39: Natural Lighting and Ventilation.
– BL 40: Air-Wells.
– BL 41: Mechanicals Ventilation & Air-Conditioning.
– BL 42: Minimum areas of rooms in Residential Buildings.
– BL 44: Height of rooms in Residential Buildings, Shop houses,
Schools, etc.

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Building standards (cont’d)
• Part IV (BL 48 to 52): Temporary works in connection with
building operations.
• Part V (BL 53 to 80): Structural requirements including building
materials, loads, roofs and foundations.
• Part VI (BL 81 to 132): Constructional requirements including
building site preparation, walls, floors, staircases, roofs, refuse
management, swimming pool and other building services.
• Part VII (BL 133 to 224): Fire requirements including wall
design and construction, lifts, fire doors, exits, exit routes,
places of assembly, fire escape, ventilation, material finish and
fire resistance.
• Part VIII (BL 225 to 253): Fire alarms, fire detection, fire
extinguishment and fire fighting access.
• Part IX –Miscellaneous: See next slide

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Part IX –Miscellaneous
• BL 254: Buildings to which Parts VII & VIII apply
• BL 257: Malaysian Standards shall supersede that of British
Standards
• BL 258: requirements of compliance by the qualified person in the
event of building failure
• BL 258(5): in the event of a building failure the qualified person is
always be held responsible even though the plans and calculations
have been approved by the LA.

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Monitoring by local
authority
Local Authority’s power to supervise during construction
• Upon approval of building plan, the applicant has 12 months to
commence construction or the Development Order is automatically
revoked.
• After Highland Towers, more safety provisions were added to SDBA.
• Section 70A SDBA: earthworks must get LA’s written consent and LA can
stop works that may pose danger (excluding earthworks by government).
• Section 70B SDBA: if any irregular changes occur to land during
construction which was outside the approved plan, LA may issue review
order of building, foundation and surrounding
– review by qualified person not connected to the original approved
plans.
• Section 70C SDBA: LA can revoke approval upon contravention of
Section 70B.
• Section 70D SDBA: LA can take samples of building material at any time
during construction.
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 Local Authority’s power to review completed building
• The power to review completed building was
also added to SDBA after the Highland Towers
tragedy.
– To ensure that the buildings are structurally
sound.
• Section 85A SDBA: LA can require for periodic
inspections of the building.
– The first inspection 10 years after CCC date.
– thereafter within 10 years of the last
inspection.
• Major local authorities in the Klang Valley have
started to enforce Section 85A SDBA.
– CHKL (DBKL) has implemented a guideline
since 2018 that requires periodic inspection.
– Such inspection is to have scheduled
preventive checking on the level of
dilapidation for the safety of the buildings,
occupants and the general public.
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 LA’s enforcement under SDBA
• LA is obligated to remove obstructions in public place
• Section 47(1)(a) SDBA Placing, depositing or throwing dust, dirt, paper, ashes,
carcass and other things in any public place – offence under
• Section 42(1) SDBA Written approval from the local authority must be
obtained to place building materials, failing which may cost a fine of not more
than RM1,000 and RM100 per day if the offence is continued.
• Section 46 SDBA prohibits any obstruction in any public spaces such as
building any wall, fence, rail, post or covers open drains.
• The Local Authority may fine the offender or remove all the obstructions
with the removal expenses being borne by the offender.
• However, temporary obstructions on festival occasions are allowed.
• Au Kean Hoe v Persatuan Penduduk D’Villa Equestrian Guard house and
boom gate in gated and guarded housing scheme are not ‘obstruction’ if
they have been approved by LA.

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Thank You
Next Week:
Heritage Site protection and
Interim Protection Order (NHA)

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