Defects, Repairs & Renovation
The contractor broke the rules — why the owner gets the notice
When a renovation contractor violates municipal building laws, the statutory enforcement notice is served on the property owner, not the contractor. Under Act 133, statutory fines and mandatory court demolition orders attach strictly to the registered proprietor.
Quick summary
Quick answer
Best for
Risk level
Buyer action
| Best for | Owners about to spend money on renovation work |
|---|---|
| Risk level | Medium |
| Buyer action | Send Lewis the property, photographs of the problem with their dates, and what you have already put in writing, and he will tell you what to do next. |
Where the liability actually lands
What follows takes apart building control is enforced against the person who owns the building, whatever the contract says between you Two questions decide most of the risk before a single tile is lifted: does this work need approval, and is the person doing it registered to do it.
The statutory target of enforcement: why liability attaches strictly to the owner
When municipal building inspectors discover illegal construction—such as an unapproved rear kitchen extension, an unauthorised boundary wall, or structural hacking—the enforcement machinery operates strictly against the registered proprietor. Under the Street, Drainage and Building Act 1974 (Act 133), the local authority is charged with regulating the physical built environment within its territorial jurisdiction. The statute is drafted to bind the person who holds legal title to the land, not the third-party transient contractors they engage. Even if the homeowner produces a signed renovation contract in which the builder explicitly promised to assume all regulatory liabilities, municipal prosecutors disregard private contracts and issue summonses directly to the property owner.
Unauthorised alterations under s.70(11): statutory fines and mandatory court orders
Section 70(11) of Act 133 establishes the statutory consequences of altering an existing building without written council consent. Any person who makes any alteration to any building without prior written permission is guilty of an offence and liable on conviction to a fine not exceeding twenty-five thousand ringgit (confirm the current amount with your local authority). Crucially, the section mandates that a Magistrate's Court shall, on the application of the local authority, issue a mandatory order requiring the convicted owner to alter the building in any way specified or to demolish it entirely. The inclusion of the statutory command 'shall' removes judicial leniency, obligating the court to order structural reinstatement.
Erecting without permission: the severe compounding penalties of s.70(13)
Where unpermitted renovation is classified as erecting a building without permission under paragraph (c) of section 70(13) of Act 133—such as constructing an entirely new detached outbuilding or a substantial double-storey extension—the penalties escalate dramatically. The convicted owner faces a fine not exceeding fifty thousand ringgit or imprisonment for a term not exceeding three years or both (confirm the current amount with your local authority). In addition to the principal penalty, the statute imposes a continuing fine of one thousand ringgit for every single day the offence continues after conviction. This daily compounding fine accumulates until the illegal structure is physically demolished, turning an unpermitted extension into a catastrophic ongoing financial liability.
The retrospective penalty trap under s.70(14) and mandatory demolition under s.70(15)
Homeowners caught with unapproved renovations frequently attempt to regularise the works after the fact by engaging an architect to submit retrospective building plans. Section 70(14) of Act 133 explicitly addresses this scenario, establishing that retrospective plans may be submitted only on payment to the local authority of a punitive sum not less than five times but not exceeding twenty times the prescribed fees, as the State Authority may prescribe (confirm the current fees with your local authority). The local authority is legally prohibited from accepting the plans without this punitive payment. Furthermore, under section 70(15), upon conviction under s.70(13), a Magistrate shall make a mandatory order compelling the offender to alter or demolish the building.
Direct municipal demolition and cost recovery under s.72(1) and s.72(5)
The local authority's enforcement powers do not end with court fines; they extend to direct physical intervention. Under section 72(1) of Act 133, where a building is erected or altered in contravention of section 70, the local authority may serve a formal notice directly on the owner requiring them to abstain from proceeding, to demolish the building within a specified timeframe, or to take prescribed corrective steps. If the owner fails to comply with the s.72(1) notice, section 72(5) empowers the local authority to enter the property, execute the demolition works using municipal contractors, and recover the full financial cost of the demolition from the owner as an official civil debt.
Check this against your own case
Confirm two things with your own local authority before work starts: whether the work needs approval, and whether your contractor is registered for it. Both answers differ between councils and states, and a renovation that needs approval and does not have it is the owner's problem, not the contractor's.
Buyer checklist
Under the Street, Drainage and Building Act 1974 (Act 133), building control is enforced strictly against the registered owner of the building, regardless of whatever private contracts or verbal promises exist between the owner and the renovation contractor. Section 70(1) prohibits erecting any building without prior written permission. When an unpermitted alteration is carried out, section 70(11) makes the owner liable on conviction to a fine not exceeding RM25,000 (confirm the current amount with your local authority), and a Magistrate's Court shall issue a mandatory order to alter or demolish the building. Under s.70(13), erecting without permission carries a fine on conviction not exceeding RM50,000 or imprisonment not exceeding three years or both, plus a daily fine of RM1,000 for every day the offence continues after conviction (confirm the current amount with your local authority). On conviction under s.70(13), section 70(15) dictates that a Magistrate shall make a mandatory order requiring the building to be altered or demolished. Attempting to regularize works retrospectively under s.70(14) triggers penalty fees of not less than five times and up to twenty times the prescribed fees (confirm current fees with your local authority). Under s.72(1), the council serves notice directly on the owner to demolish; if ignored, s.72(5) empowers the council to execute demolition and bill the owner.
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| 1 | Recognize that statutory building notices and court prosecutions under Act 133 are served strictly on the owner. |
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| 2 | Verify that prior written permission from the local authority is obtained before starting any structural alterations. |
| 3 | Confirm current penalty figures under s.70(11) and s.70(13) with your local authority before commencing unapproved works. |
| 4 | Note that retrospective plan submissions under s.70(14) attract penalty fees between five and twenty times prescribed fees. |
| 5 | Be aware that Magistrate demolition orders under s.70(15) and s.70(11) are mandatory upon conviction. |
Common questions
If my renovation contractor breached council building rules, why did the enforcement notice arrive in my name?
Under the Street, Drainage and Building Act 1974 (Act 133), building control is enforced strictly against the registered owner of the property. The council has no statutory relationship with your private builder; legal liability attaches entirely to the title holder.
What is the penalty under s.70(11) of Act 133 for making unauthorised alterations to a house?
Under s.70(11) of Act 133, unauthorised alterations carry a fine on conviction not exceeding twenty-five thousand ringgit (confirm the current amount with your local authority), and a Magistrate's Court shall issue a mandatory order to alter or demolish the building.
What are the continuing daily penalties under s.70(13) for erecting a building without permission?
Under s.70(13) of Act 133, an offender faces a fine not exceeding fifty thousand ringgit or imprisonment up to three years or both, plus a further fine of one thousand ringgit for every day the offence continues after conviction (confirm current figures with your local authority).
How much does it cost to submit retrospective plans for an illegal renovation under s.70(14)?
Under s.70(14) of Act 133, retrospective plans may be submitted only upon payment of not less than five times and up to twenty times the prescribed fees, as prescribed by the State Authority (confirm the current fees with your local authority).
Lewis Chong
REN 69566 · IQI GlobalProperty advisor helping KL, JB, and Penang buyers make data-backed property decisions.
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The legal boundary between an actionable construction defect, natural settlement, fair wear and tear, and owner damage decides who pays for repairs in Malaysia. In statutory HDA homes within the 24-month defect liability period, developers bear rectification duties, whereas subsale properties are sold strictly as-is.
Lewis Conclusion
Before raising a dispute with a developer or seller, classify the issue against the statutory contract. If your property is a new HDA home within the 24-month DLP, serve a formal written defect notice demanding rectification within 30 days. If the developer fails to respond or perform, file a claim up to RM50,000 at the Tribunal for Homebuyer Claims within 12 months from the expiry of the defect liability period. If you bought a subsale unit, remember that no statutory defect period exists, meaning pre-signing inspection is your only legal protection.
A landed house that leaks
Water leaks in a Malaysian landed house behave differently from strata inter-floor leaks. Rainwater tracks along trusses and beams before dripping into ceilings, making diagnosis tricky. In new HDA homes within the 24-month DLP, developers must repair within 30 days, while subsale buyers inherit the problem as-is.
Lewis Conclusion
Stop treating the water stain on your plasterboard ceiling and get an experienced inspector or roofer into the roof void during heavy rain to trace the structural path. If you are within the 24-month defect liability period on an HDA landed home, deliver a formal written notice under Schedule G demanding rectification within 30 days. If the developer fails to perform, file a claim up to RM50,000 at the Tribunal for Homebuyer Claims within 12 months from the expiry of the defect liability period. If it is a subsale house, budget for roof flashing and gutter remediation before signing the contract.
Cracks in your walls: which are cosmetic, which are structural
Cracks in a Malaysian home range from superficial plaster shrinkage to structural foundation settlement. The orientation, pattern, and whether cracks widen over time determine whether you call a painter or a professional engineer. For HDA homes within the 24-month DLP, developers must make good within 30 days.
Lewis Conclusion
Never let a contractor persuade you to simply plaster over a diagonal or stepped crack that continues across structural elements. If cracks are active or accompanied by jamming doors, commission a registered professional engineer to carry out a structural assessment. If your house is within the statutory 24-month defect liability period under Schedule G or Schedule H, deliver a formal written notice compelling the developer to rectify within 30 days. If the developer defaults, bring your claim up to RM50,000 to the Tribunal for Homebuyer Claims within 12 months from the expiry of the defect liability period.
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Recognize that statutory building notices and court prosecutions under Act 133 are served strictly on the owner.
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Verify that prior written permission from the local authority is obtained before starting any structural alterations.
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Confirm current penalty figures under s.70(11) and s.70(13) with your local authority before commencing unapproved works.
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Note that retrospective plan submissions under s.70(14) attract penalty fees between five and twenty times prescribed fees.