3.0 THE UNIFORM BUILDING BY-LAWS, 1984
Prior to the gazette of Act 133 - the Street, Drainage & Building Act, 1974, many parties, especially architects and engineers, had to study and implement the varying requirements of the many Local Authorities. To resolve the confusions and frustrations of having too many local by-laws and regulations on buildings, the precursor of the Pertubuhan Akitek Malaysia [PAM], the Federation of Malaya Society of Architects [FMSA], initiated in 1963 the setting up of a Uniform Building Legislation Committee to push for a nationwide uniform building by-laws. A parallel committee also was set up by the Commissioner of Town and Country Planning to come up with a nationwide Uniform Planning Legislation Committee
The said committees did not make much progress then. However, much later, i.e. in the early 1970s, when a number of building-related catastrophe such as the collapse of flats and uncontrolled major fire occurred in Kuala Lumpur, the Ministry of Local Government and Housing then instructed a review of the various building and planning legislations in respond to these catastrophe.
As a result, a draft uniform building by-laws was issued in 1973, with further amendments in 1974.
The Building By-Laws, which was the pre-cursor to the Uniform Building By-Laws, 1984, was based on the existing Kuala Lumpur and Singapore legislations and recommendations from the Building Research Station, UK. The By-Laws were compiled under the provisions under Section 113 - By-laws - in the Street, Drainage & Building Act, 1974.
In 1976, a Uniform Building Regulations Standing Committee, comprising public and private sectors, made a review of the Kuala Lumpur Municipal (Building) (Amendments) By-Laws, 1975 and it was adopted as the model for the draft Uniform Building Regulations. From this effort, the Ministry of Housing and Local Government issued the draft as the Uniform Building By-Law, 1976. 1978 amendments included updates on fire requirements on buildings.
The objectives behind the formulation of the Uniform Building By-Laws, 1984 [UBBL], among others were to:
- Set a standardized building regulations for the whole of Malaysia and applicable to all Local Authorities and building professionals,
- Clarify line of legal responsibilities for buildings with clear definitions on the Principal Submitting Persons,
- Regulate architectural, structural, health & safety, fire protection capabilities and constructional requirements of buildings; with clear references to the approved standards,
- Expedite the processing and building approvals and occupation of buildings,
It was later gazetted in 1985 as the Uniform Building By-Laws, 1984 [UBBL].
A number of amendments had since been made to the UBBL. Later additions made references to the Fire Services Act, 1988 and compliance to the Code of Practice for Access for Disabled People to Public Buildings, 1991 [with reference to the Malaysian Standard MS1184:1991].
The very recent amendments were drafted in 2007 to incorporate the amendments to the Street, Drainage & Building Act, 1974 with regard to the Certificate of Completion and Compliance [CCC].
3.1 THE MAIN PARTS IN THE UBBL
The UBBL defines the following:
- PART I - Definitions and interpretations used in the by-laws [By-Laws Sections 1 - 2],
- PART II - The procedures for submitting plans to the Local Authorities for their approval for permanent and temporary buildings, advertisement and perimeter hoardings [By-Laws Sections 3 - 29],
- PART III - The required space [dimensions], light and ventilation to be provided in buildings [By-Laws Sections 30 - 47],
- PART IV - The required temporary works during construction [By-Laws Sections 48 - 52],
- PART V - Structural requirements and considerations e.g. dead, superimposed and dynamic loads and, structural materials and elements [By-Laws Sections 53 - 80],
- PART VI - Constructional requirements e.g. site preparation, constructional materials, method of construction and, architectural and related Structural and M&E requirements [By-Laws Sections 81 - 132],
- PART VII - Passive fire protection requirements [By-Laws Sections 133 - 224]
- PART VIII - Active fire protection requirements [By-Laws Sections 225 - 253] and
- PART IX - Miscellaneous definitions and references and, the procedures on reporting on building failures [By-Laws Sections 254 - 258].
There are 10 Schedules listed in the appendix covering the following:
- First Schedule - submission fees,
- Second Schedule - standard forms,
- Third Schedule - ventilation requirements [M&E considerations],
- Fourth Schedule - weight of materials [structural considerations],
- Fifth Schedule - designation of purpose group [for building types],
- Sixth Schedule - limits of unprotected areas [architectural considerations for privacy and fire safety],
- Seventh Schedule - travel distance, occupancy loads and exits [for architectural and structural considerations],
- Eighth Schedule - class of materials [spread of flame],
- Ninth Schedule - limit of compartment and fire resistant of material [architectural and structural considerations] and
- Tenth Schedule - active fire fighting requirements [M&E considerations].
3.2 THE KEY AMENDMENTS TO THE UBBL (Soon to be gazetted AMENDMENTS 2007)
1. Amendments to By-Law 2
- 2 (c) “Principal Submitting Person” means a qualified person who submits building plans to the local authority for approval in accordance with these By-Laws and includes any other qualified person who takes over the duties and responsibilities of or acts for the first-mentioned qualified person in accordance with by-law 7.
- 2(d) “qualified person” means a Professional Architect, Professional Engineer or building draughtsman registered under any written law relating to the registration thereof.
- 2(f) “building plans” means plans that include site plans, key plans, floor plans, sections and elevations of buildings, and are as stipulated under by-laws 8, 9 and 10.
- 2(j) “technical conditions” means conditions pertaining to health and safety issues to buildings and essential services serving the buildings.
2. Substitution of By-Law 25: “Certificate of Completion and Compliance”
- 25(1) A certificate of completion and compliance in Form F as set out in the Second Schedule shall be issued by the principal submitting person –
- a. when all the technical conditions as imposed by the local authority have been duly complied with;
- b. when Forms G1 to G21 in respect of stage certifications as set out in the Second Schedule have been duly certified and received by him;
- c. when all the essential services, including access roads, landscape, car parks, drains, sanitary, water and electricity installations, fire hydrants, sewerage and refuse disposal requirements and, fire lifts where required, have been provided; and
- d. when he certifies in Form F that he has supervised the erection and completion of the building and that to the best of his knowledge and belief the building has been constructed and completed in accordance with the Act, these By-Laws and the approved plans.
- 25(2) Upon the issuance of the certificate of completion and compliance, the principal submitting person accepts full responsibility for the issuance of the certificate of completion and compliance and he certifies that the building is safe and fit for occupation.
- 25(3) The principal submitting person shall within fourteen days from the issuance of the certificate of completion and compliance or partial certificate of completion and compliance, as the case may be, deposit a copy of the said certificate and the Form G1-G21 with the local authority and the Board of Architects Malaysia or Board of Engineers Malaysia, as the case may be.
- 25(4) Nothing contained in this by-law shall prevent the local authority or any officer authorised by it in writing for the purpose, from inspecting any building works at any stage thereof and calling attention to any failure to the building or non-compliance with these By-laws which he may observe and, giving notice in writing to the principal submitting person ordering such failure or non-compliance to be rectified.
- 25(5) Subject to paragraph (4), the local authority may issue a directive in writing to the principal submitting person to withhold the issuance of the certificate of completion and compliance or partial certificate of completion and compliance, as the case may be.
- 25(6) The principal submitting person shall within twenty-one days after the receipt of the notice issued in pursuance of paragraph (4) or such further period as may be approved by the local authority, rectify the failure or non-compliance.
- 25(7) When the principal submitting person has rectified the failure or non-compliance, he shall issue a notice to the local authority confirming that such rectification works have been satisfactorily completed.
- 25(8) Upon receipt of the notice as mentioned in paragraph (7), the local authority shall within fourteen days from the receipt of such notice inspect the building to confirm that the failure or non-compliance has been satisfactorily rectified.
- 25(9) When the local authority is satisfied that the failure or non-compliance as stipulated in paragraph (4) has been satisfactorily rectified, the local authority shall issue a directive in writing to the principal submitting person to issue the certificate of completion and compliance or partial certificate of completion and compliance, as the case may be.
- 25(10) When the local authority does not carry out the inspection of rectification works in pursuance of paragraph (8) within the period as stipulated in that paragraph, it shall be deemed that the local authority is satisfied that the rectification works have been satisfactorily completed.
- 25(11) When the failure or non-compliance is not rectified by the principal submitting person within the period stipulated in paragraph (6), the local authority may itself cause any work to be executed or any measure to be taken if it considers such work or measure is necessary to rectify the non-compliance.
- 25(12) The cost for executing such work or taking such measure as referred to in paragraph (11) shall be borne by the owner of the building.
- 25(13) The certificate of completion and compliance or partial certificate of completion and compliance, as the case may be, shall not be issued by the principal submitting person until all the failures or non-compliances in respect of the building has been satisfactorily rectified.
3. Substitution of By-Law 27: “Partial Certificate of Completion and Compliance”
- 27(1) The principal submitting person may issue a partial certificate of completion and compliance in Form F1 as set out in the Second Schedule in respect of any part of a building partially completed subject to any condition imposed by the local authority which it deems necessary for reasons of public health and safety.
- Provided that no such certificate shall be issued unless all the essential services, including access roads, landscape, car parks, drains, sanitary, water and electricity installations, fire hydrants, sewerage and refuse disposal requirements and, fire lifts where required, serving the partially completed portion of the building have been provided.
- 27(2) A partial certificate of completion and compliance once issued shall remain effective until the whole of the building is completed and a certificate of completion and compliance is issued in pursuant of by-law 25,
4. Substitution of By-Law 28: “Offences”
- 28(1) Where the principal submitting person fails to deposit a copy of the certificate of completion and compliance or partial certificate of completion and compliance, as the case may be, and the Forms G1-G21 within the period stipulated in paragraph 25(3) with the local authority and the Board of Architects Malaysia or Board of Engineers Malaysia, as the case may be, he shall be guilty of an offence.
- 28(2) Where the principal submitting person or submitting person fails to comply with the notice issued by the local authority in respect of the rectification of any failure to the building or non-compliance with these By-laws in accordance with paragraph 25(4), he shall be guilty of an offence
5. Other Amendments
Amendments to By-Laws 3, 4, 5, 6, 7, 10, 16, 17, 20, 29, 48, 77, 249 & 258 consequential to changes of the term submitting person to principal submitting person.
6. AMENDMENTS TO SECOND SCHEDULE
The Second Schedule of the principal By-laws is amended by deleting FORMS C, D and E by substituting for FORM F with the new FORM F and F1 and FORMS G1-G21
The FORMS under CCC are as follows:
- FORM A
- Certification of Buildings / Structural Plans [for endorsement of plans submitted for approval],
- Notice of Commencement / Resumption of Building Operations
3. FORMS G
- Form G1
- Stage Certification : EARTHWORKS [on Approved Plans]
- Stage Certification : SETTING OUT [on Approved Plans]
- Stage Certification : FOUNDATIONS [on Deposited Plans]
- Stage Certification : STRUCTURAL [on Deposited Plans]
- Stage Certification : INTERNAL WATER PLUMBING [on Approved/Deposited Plans]
- Stage Certification : INTERNAL SANITARY PLUMBING [on Approved/Deposited Plans]
- Stage Certification : INTERNAL ELECTRICAL [on Submitting Engineer’s Endorsed Plans]
- Stage Certification : FIRE FIGHTING (PASSIVE) [on Approved/Deposited Plans]
- Stage Certification : FIRE FIGHTING (ACTIVE) [on Approved/Deposited Plans]
- Stage Certification : MECHANICAL VENTILATION [on Submitting Engineer’s Endorsed Plans]
- Stage Certification : LIFT / ESCALATOR INSTALLATION [on Submitting Engineer’s Endorsed Plans]
- Stage Certification : BUILDING [on Approved Plans]
- Stage Certification : EXTERNAL WATER SUPPLY SYSTEM [on Approved Plans]
- Stage Certification : SEWERAGE RETICULATION [on Approved Plans]
- Stage Certification : SEWERAGE TREATMENT PLANT [on Approved Plans]
- Stage Certification : EXTERNAL ELECTRICAL SUPPLY SYSTEM [on Approved Plans]
- Stage Certification : ROAD AND DRAIN [on Approved/Deposited Plans]
- Stage Certification : STREET LIGHTING [on Approved/Deposited Plans]
- Stage Certification : EXTERNAL MAIN DRAIN [on Approved Plans]
- Stage Certification : TELECOMMUNICATION [on Approved/Deposited Plans]
- Stage Certification : LANDSCAPE [on Approved Plans]
4. FORM F
- Certificate of Completion and Compliance
5. FORM F1
- Partial Certificate of Completion and Compliance
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