BUILDING IN RUINOUS AND DANGEROUS STATE – THE ROLE OF LOCAL AUTHORITIES

DEFINITION

Before we proceed with the issue(s) and how to manage the issues (and by whom), we shall look into several relevant definitions, as follows:

a.                   “Building”.   According to the Longman Dictionary of Contemporary English (1998) “building”, as  a noun, is a structure, use – with a roof and walls, that is intended to stay in one place and not to be taken down again.  According to section 2, Local Government Act (Malaysia) 1976 (“LGA”), “building” includes any house, hut, shed or roofed enclosure whether used for the purpose of human habitation or otherwise, and also any wall, fence, platform, underground dock, wharf, pier, jetty, landing-stage, swimming pool, bridge, railway line, transmission lines, cables, redifussion lines, overhead or underground pipelines, or any other structure, support of foundation. The said definition is not conclusive since the drafter starts the sentence by the word “includes”. 

Another statute applicable to the matters relating to building in local authority areas in Peninsular Malaysia is Street, Drainage and Building Act 1974.  Section 3 of this Act also defines the word “building”, as follows:  “building” includes any house, hut, shed or roofed enclosure, whether used for the purpose of a human habitation or otherwise, and also any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge, or any structure support or foundation connected to foregoing. This definition is also not conclusive when they (the drafters) incorporate the word “includes”. 

To confine our discussion in this paper, the writers also refer to the definition of “house” under the same provision, i.e.  “house” includes dwelling-house, warehouse, office, counting-house, shop, school, and any other buildings, in which persons are employed.  And again the word “includes” is used!  For our intent and purposes, only “house” is relevant.

b.                   “Owner”.  According to section 3 of Street, Drainage and Building Act (Malaysia) 1974, “owners” means the registered proprietor of the land; the lessee of a lease (including a sub-lessee); the agent or trustees of both of them; and the person receiving rent.

c.                   “Building in ruinous states”, “dangerous state”  These words appears in section 83(i) of

Malaysia Street, Drainage and Building Act 1974, i.e.:

“…. any building or anything affixed there on is in a ruinous state, likely to fall or is in any way dangerous to any person therein or foot passenger on the streets adjoining such building…”

As a comparative study , in UK, e.g. in Bath & North East Somerset Council, they use the words “ruinous and dilapidated building which are considered detrimental to the ‘communities of neighbourhood’”. For this, they conclude that structures may become dangerous as a result of old age, deterioration or settlement or by more dramatic causes such as explosion, fire, vehicle impact or storm damage (2002).  Of course their interpretation is for the purpose of implementation of section 78, Building Act (UK) 1984 and section 45, London Local Authority Act 2000. 

For further comparative study, under section 111 of Dhaka City Corporation Ordinance 1983, the sentences used are, “ruinous states or likely to fall or in any way dangerous to any in habitant of such building or of any neighbouring building or to any occupier there of or to passers-by”, and “…. Building in a dangerous condition or otherwise unfit for human habitation.”

The above are part of a paper presented in International Seminar & Workshop, Friendly City, Medan 11 – 12 July 2003. See Abdul Aziz Hussin,  Badaruddin Mohamed, Abdullah Mahmood & Wan Rafyah Wan Muhd. Zin. 2003. Building in Ruinous and Dangerous State – The Role of Local Authorities:  Penang Experience. Proceedings of International Seminar & Workshop:  Urban Development Management for Friendly City, Medan.  11-12 July 2003.