Building Control Act · 2023 Revised Edition · Part · General
74. Regulations
Official textFrom Attorney General's Chambers, unchanged
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make such regulations as he considers necessary or expedient for giving effect to or carrying out the purposes and provisions of this Act, including the prescription of fees and of any other thing required to be or which may be prescribed under this Act, and for the due administration thereof, and such regulations may include such incidental, consequential and supplementary provisions as he considers necessary or expedient.
Notwithstanding subsection (1), the Minister may make regulations for or in respect of all or any of the following matters —
the regulation or prohibition of the exhibition of advertising signs, skysigns, aerial signs and projected advertisement in or on any premises and the regulation of the size and construction of those signs and advertisements;
the submission of plans of building works, the authorisation of persons qualified to submit the same and their duties and responsibilities, and the nature or classification of plans which each person may submit;
the manner of making applications for and granting of approval of plans of building works and permits to carry out building works;
the establishing of objectives and performance requirements for the design and construction of buildings;
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the structural strength and stability of buildings or proposed buildings, including —
precautions against overloading;
measures to safeguard adjacent buildings;
underpinning;
the design and construction of buildings, including —
the preparation of sites for building works;
exterior features;
the natural lighting and ventilation of buildings;
the headroom of rooms, cubicles and staircases and other spaces within buildings;
the suitability and use of materials and components;
environmental sustainability measures that improve the total quality of life and minimises adverse effects to the environment, both now and in the future;
the demolition of buildings and the safety precautions to be taken in respect thereof;
the reporting of dangerous occurrences (as defined in section 37(5)) in premises at which building works are carried out;
prohibiting or regulating the occupation of buildings;
the control and regulation of measures for energy conservation in buildings;
the provision of embankments and retaining walls;
measures to improve efficiency and standardisation in the construction industry relating to design, processes, construction techniques, products and materials;
the regulation of persons authorised to carry out installation or retrofitting of any exterior feature, including prescribing the qualifications and training of such persons, and their duties and
Building Control responsibilities in connection with installing or retrofitting the exterior feature;
measures for the construction, installation and inspection of lifts and escalators;
the control, regulation and supervision by registration, licensing, inspection or otherwise of places to which the public has access;
the prescribing of documents, books or records to be kept and reports or certificates to be made under this Act;
the time and manner of making, and the information and documents to be furnished in respect of, an application for a temporary occupation permit and a occupation permit;
the manner in which the duties and responsibilities of accredited checkers are to be discharged;
the manner in which appeals may be made to and determined by the Minister under this Act and the information to be supplied by the Authority in connection therewith;
the granting of permits for the erection, demolition and occupation and the control of buildings required for a limited time or constructed of short-lived materials;
the procedure for the sampling of building materials under section 56; and
the prescription of forms necessary for the administration of this Act.
Regulations made under this section may provide that —
any particular objective and performance requirement for the design and construction of any building is deemed to be complied with if the building is constructed with such specifications, materials, designs or methods of construction as may be specified by the
Authority; and
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the Authority may issue in such form as it thinks fit, and may amend, one or more Approved Documents setting out the specifications, materials, designs or methods of construction which shall, notwithstanding any alternative means of achieving compliance, be deemed to comply with the relevant objective and performance requirement for the design and construction of buildings prescribed in those regulations.
The Minister may, in making any building regulations under this section, provide that any contravention of or failure to comply with any provision thereof is an offence and may prescribe punishment by a fine not exceeding $10,000, imprisonment for a term not exceeding one year or both.
building regulations
“building regulations” means any regulations made under section 74;
Terms defined in this Act
Authority
Defined · s 2“Authority”, in relation to this Act or any Part or provision of this Act or regulations made thereunder, means any Authority appointed under section 3(1) to be responsible for the administration of this Act or that Part or provision or regulations made thereunder, as the case may be;
building
Defined · s 2“building” means any permanent or temporary building or structure and includes — (a) a hut, shed or roofed enclosure; (b) a kiosk or stall, movable or otherwise; (c) an earth retaining or stabilising structure, whether permanent or temporary; (d) a dock, wharf or jetty; (e) a floating structure, not being a boat or vessel, constructed or to be constructed on a flotation system that — (i) is or is to be supported by water; (ii) is not intended for or useable in navigation; and (iii) is or is to be permanently moored; (f) a culvert, crossing, access road, bridge, underpass or tunnel; (g) a sewage treatment plant, sewer, drain, swimming pool or any non-proprietary type of concrete tank for the storage of any solid, liquid or gaseous product; and (h) such other erection or structure (whether permanent or temporary) as the Minister may, by order published in the Gazette, declare to be a building;
building regulations
Defined · s 2“building regulations” means any regulations made under section 74;
building works
Defined · s 2“building works” means — (a) the erection, extension or demolition of a building; (b) the alteration, addition or repair of a building; (c) the provision, extension or alteration of any air-conditioning service or ventilating system in or in connection with a building; (d) site formation works (which includes earthworks such as any act of excavation, levelling, cutting and filling with any material, piling, the construction of foundations, or site clearance, on any land, or any other act of dealing with or disturbing any land) which may or may not be connected with or carried out for the purpose of paragraph (a), (b) or (c); and (e) structural works.
exterior feature
Defined · s 2“exterior feature”, in relation to any building, means any of the following features that is permanent or temporary and is installed on, forms part of or projects outwards from the roof or exterior of the building — (a) any air-conditioning unit, including any window air-conditioning unit and any condensing equipment of an air-conditioning unit; (b) any window, with or without movable parts; (c) any grille or shutter, with or without movable parts; (d) any tile, cladding, curtain wall, siding, plaster, bracket or cornice; (e) any gutter, rainwater down-pipe, or part of the roof; (f) any awning or sun-shading device; (g) such other feature that is permanent or temporary and is installed on, forms part of or projects outwards from the roof or exterior of any building as the Minister may, by notification published in the Gazette, declare to be an exterior feature for the purposes of this Act;
performance requirement
Defined · s 30“performance requirement” means a performance requirement in the building regulations — (a) to facilitate the access to, and use of, a building and its facilities by persons with disabilities; or (b) prescribed in the building regulations for the purposes of this Part;
premises
Defined · s 2“premises” includes buildings, lands, easements and hereditaments of any tenure;
prescribed
Defined · s 42“prescribed” means prescribed in any regulations made under section 52.
short-lived materials
Defined · s 2“short-lived materials” means any building materials which are, in the absence of special care, liable to rapid deterioration or are otherwise unsuitable for use in the construction of permanent buildings;
temporary occupation permit
Defined · s 2“temporary occupation permit” means a temporary occupation permit granted under section 16(3);