When it comes to managing construction projects, one critical yet often overlooked process is building demolition. Whether it’s a minor restructuring of an old house or the complete removal of a commercial structure, demolition must adhere to stringent regulations to ensure safety and efficiency.
In Malaysia, the Uniform Building By-Laws 1984 (UBBL) outlines these regulations under Part IA – Demolition of Buildings. This article will guide you through these by-laws, helping property owners, developers, contractors, and other stakeholders understand the responsibilities, procedures, and requirements for safe and legal building demolition.
What is Part IA of the Uniform Building By-Laws 1984?
Part IA was introduced to govern the process of building demolition in Malaysia. It lays out the specific rules, procedures, and obligations of property owners, contractors, and submitting persons involved in the demolition of structures. These by-laws ensure that demolitions are carried out in a safe, regulated, and environmentally responsible manner.
Part IA includes:
- Application of the by-laws to different types of demolition.
- Submission of detailed demolition plans.
- Approval or rejection by the local authority.
- Safe methods of demolition.
- Duties of submitting persons and contractors.
- Exemptions from demolition rules for minor works.
This part emphasizes safety and compliance, requiring all involved parties to follow strict protocols before, during, and after demolition.
Key Aspects of Part IA: Demolition of Buildings
1. Application of Part IA (By-Law 2A)
Part IA applies to any demolition work conducted before the reconstruction of a building. Whether you’re planning to demolish a portion of a building or completely remove a structure, these regulations apply.
It’s important to remember that demolition permits must be obtained from local authorities, and the demolition process must adhere to the guidelines laid out in this part.
2. Preparation and Submission of Demolition Plans (By-Law 2B)
One of the most critical steps in the demolition process is the submission of a detailed demolition plan to the local authority.
- What needs to be submitted?
- Demolition Plan: A comprehensive demolition plan detailing the steps, procedures, and safety measures.
- Stability Report: A stability report that ensures the structural stability of the remaining parts of the building (if not entirely demolished).
- Form A: The demolition plan must be certified by a “submitting person” (e.g., a qualified engineer or architect), using Form A from the Second Schedule of the By-Laws. This certification confirms that the plan adheres to MS 2318, the Malaysian Standard for Demolition.
- What happens next? The submitting person holds full responsibility for the safe execution of the demolition works. The demolition work cannot begin until the local authority has approved both the demolition plan and the stability report.
3. Power of Local Authority to Reject Plans (By-Law 2C)
The local authority plays a pivotal role in overseeing demolition activities. Even after the submission of the demolition plan and stability report, the local authority has the power to reject the plan if:
- It does not conform to MS 2318.
- It fails to meet safety or technical requirements.
If a demolition plan is rejected, the submitting person must resubmit a revised plan addressing the specific issues raised by the authority.
4. Notice of Commencement or Resumption of Building Operations (By-Law 2D)
Before commencing demolition, the property owner or submitting person must notify the local authority. This is a legal requirement under subsection 70(9) of the Street, Drainage, and Building Act 1974.
- A Form B must be submitted with the details of the demolition.
- If demolition work is paused or delayed for any reason, a new notice must be given when the work resumes.
This notice ensures that the local authority remains informed about ongoing demolitions, allowing them to monitor and inspect the site for safety and compliance.
5. Methods of Demolition (By-Law 2E)
The methods used for demolition must comply with MS 2318. This standard outlines the best practices and safety measures for different types of demolition activities, ensuring:
- Structural integrity of surrounding buildings.
- Minimal impact on the environment.
- Proper waste disposal.
Non-compliance with MS 2318 can result in penalties and project delays, so it is essential for contractors and submitting persons to fully understand and apply the standard during demolition.
6. Duties of the Submitting Person (By-Law 2F)
The submitting person is the key figure responsible for ensuring that demolition works adhere to the regulations. Their duties include:
- Certifying the demolition plan: As mentioned earlier, the submitting person must certify that the demolition plan follows MS 2318.
- Overseeing demolition works: They are responsible for the proper execution of demolition activities. This includes ensuring that all safety protocols are followed.
- Remaining responsible: The submitting person remains responsible for the project until the completion of demolition unless another submitting person is officially appointed and the local authority agrees to the change.
In the event that the submitting person can no longer carry out their duties (due to reasons such as death, bankruptcy, or deregistration), the property owner must appoint a new submitting person to take over.
7. Exemption from Part IA (By-Law 2G)
Not all demolition works require full compliance with the by-laws. The local authority may exempt minor demolition works from the requirements of Part IA if deemed appropriate.
Common examples of exempted works might include:
- Minor alterations to non-structural elements.
- Removal of small detached structures (like a shed or garage).
These exemptions can save time and reduce paperwork for smaller projects, but the property owner must still seek approval from the local authority before proceeding.
Best Practices for Complying with Part IA: Demolition of Buildings
Following the by-laws is crucial, but there are additional best practices that can help streamline the process and ensure a smooth demolition.
1. Work with Qualified Professionals
Ensure that the submitting person you hire is qualified and experienced. They should be well-versed in MS 2318 and have a good track record of managing demolition projects.
2. Prioritize Safety
Demolition is inherently risky. Ensuring worker safety and public safety should be the top priority. Regular safety briefings, proper signage, and fencing around the site can help mitigate risks.
3. Environmental Considerations
Proper waste disposal and minimizing environmental impact are critical in modern demolition. Be sure to:
- Segregate waste materials for recycling.
- Ensure that hazardous materials like asbestos are safely removed and disposed of according to regulations.
4. Notify Neighbors and Surrounding Businesses
Demolition projects can cause disruption to neighboring properties and businesses. Early communication with those affected can prevent misunderstandings and potential disputes.
5. Documentation and Record-Keeping
Keep detailed records of every step in the demolition process, including:
- Submission of forms and plans.
- Communications with the local authority.
- Safety inspections and incidents.
These records will be invaluable if there is a legal dispute or if the local authority requests additional information.
Conclusion
Part IA of the Uniform Building By-Laws 1984 provides a structured framework for the safe and regulated demolition of buildings in Malaysia. Whether you’re a property owner, contractor, or developer, adhering to these by-laws is essential to ensure the smooth, efficient, and legal demolition of structures.
By understanding the process—from submission of demolition plans to the completion of works—you can navigate the legal landscape and minimize risks associated with demolition projects. Always remember to collaborate with experienced professionals, follow safety protocols, and maintain open communication with the local authorities to avoid costly delays or penalties.
FAQ: Part IA – Demolition of Buildings
1. What are the key documents required for building demolition approval?
You need to submit a demolition plan, a stability report, and Form A certified by a submitting person.
2. What is the role of the local authority in the demolition process?
The local authority reviews and approves demolition plans and stability reports. They have the power to reject plans if they don’t comply with regulations.
3. Who is responsible for overseeing the demolition?
The submitting person, typically a qualified engineer or architect, is responsible for overseeing the demolition works and ensuring they are executed safely.
4. Can I start demolition without notifying the local authority?
No. You must submit a notice of commencement using Form B before starting or resuming demolition.
5. Are there any exemptions to the demolition by-laws?
Yes, minor demolition works may be exempt from these regulations, subject to approval by the local authority.
By following these guidelines, you can ensure your demolition project is compliant with the Uniform Building By-Laws 1984, and you’ll avoid unnecessary delays and penalties.
