Before embarking on any construction project in Malaysia, one crucial step is obtaining the necessary approval for your building plans. This process is governed by Part II of the Uniform Building By-Laws 1984 (UBBL). Whether you’re constructing a new building, extending an existing structure, or making significant alterations, ensuring your plans are approved by the local authority is a legal requirement.
In this article, we’ll break down Part II of the Uniform Building By-Laws 1984 to help you understand the submission process, the requirements for plan approval, and how to avoid common pitfalls. This guide is intended for property developers, architects, engineers, and other professionals involved in construction projects in Malaysia.
What is Part II of the Uniform Building By-Laws 1984?
Part II – Submission of Plans for Approval outlines the procedures and requirements for submitting building plans to the local authority for approval. It includes details on what types of plans need to be submitted, how to format them, and the conditions for their approval.
This section ensures that all building projects comply with safety, health, and structural standards, and provides local authorities with a system to review and approve or reject plans based on these standards.
Key Provisions of Part II: Submission of Plans for Approval
1. Submission of Plans for Approval (By-Law 3)
Under By-Law 3, all plans for buildings must be submitted to the local authority for approval. This process is critical to ensure that the proposed building complies with the Street, Drainage, and Building Act 1974 (Act 133) and the UBBL.
Here’s what you need to know:
- Where to submit: Plans must be submitted to the local authority’s office.
- Required documents: Along with your building plans, you must include:
- A statement indicating the intended purpose of the building.
- The certification of the principal submitting person (usually an architect or engineer) on the plans.
- Form A, which certifies that the plans adhere to the UBBL.
- Fees: Submission fees are required, as stipulated in the First Schedule of the UBBL.
The submission must be done by a principal submitting person or submitting person (such as an architect, engineer, or other qualified individuals), who bears full responsibility for ensuring that the plans meet all legal and technical requirements.
2. Return of Plans (By-Law 4)
Even after you submit the plans, the local authority has the discretion to return them if it believes the plans are beyond the competence of the submitting person.
In the event of a return:
- The principal submitting person may resubmit the plans, provided they are accompanied by a certificate from the relevant authority (e.g., the Board of Engineers Malaysia) confirming the submitter’s competence.
This ensures that only qualified professionals handle the planning and execution of building works.
3. Supervision of Work (By-Law 5)
The UBBL requires that building works be supervised by the principal submitting person or a qualified individual authorized by them. This supervision includes:
- Setting out the building site.
- Full-time supervision by a certified construction project manager and site supervisor.
- Safety measures: The site supervisory staff must ensure that the contractor complies with site safety measures, and that the building is erected according to approved plans and specifications.
This supervision is essential to maintaining the quality and safety of the construction process, from the foundation stage to the final structure.
4. Signing of Plans (By-Law 6)
All submitted plans must be signed by both the principal submitting person (or submitting person) and the property owner (or their agent). This signature is a form of certification that the plans comply with all the necessary requirements under the UBBL.
In cases where the property owner refuses to carry out necessary work, the local authority may issue a written direction to the owner, compelling them to execute the required work. This provision ensures accountability on the part of the property owner.
5. Change or Withdrawal of the Submitting Person (By-Law 7)
The principal submitting person is responsible for the building works from the beginning of the project until its completion. However, if circumstances change, the principal submitting person or submitting person can withdraw or be replaced, provided the following conditions are met:
- The local authority agrees to the replacement or withdrawal.
- The replacement occurs before the construction work begins.
In cases where the principal submitting person dies, becomes bankrupt, or is otherwise unable to continue their duties, the property owner must appoint a new submitting person and notify the local authority.
6. Plans to be Deposited (By-Law 8)
Once the plans are submitted, they must be deposited with the local authority. This involves submitting two sets of plans:
- One set is retained by the local authority.
- The other set is returned to the submitting person after receiving approval.
If the local authority disapproves the plans, they will return the plans with a statement detailing the reasons for the rejection. The submitting person may then revise and resubmit the plans accordingly.
7. Scale of Plans (By-Law 9)
All building plans must be drawn to a specific scale to ensure clarity and accuracy. The required scales are as follows:
- Site plans: Not less than 1:1000.
- Key or location plans: Any convenient scale.
- General building plans: Not less than 1:100 (except in special cases, where a scale of 1:200 may be allowed).
- Sketch plans for approval in principle: Not less than 1:200.
In certain cases, the local authority may allow smaller scales, but the scale must never be smaller than 1:200.
8. Plans Required (By-Law 10)
The types of plans required for submission depend on the nature of the project. By-Law 10 outlines the following plans that must be included in any building plan submission:
- Site plan: Showing the location of the building, access from the street, drainage systems, and any adjustments to land for street or drainage improvements.
- Floor plans: Detailing the dimensions of rooms, door and window openings, and drainage systems.
- Cross sections and elevations: Depicting the structure of the building, its foundations, and the materials to be used.
Each plan must include detailed information on the materials to be used, the structural dimensions, and the use of space within the building.
9. Exemption from By-Law 10 (By-Law 11)
In certain cases, the local authority may exempt a person from complying with the requirements of By-Law 10. This is typically done for smaller or less complex projects where full plan submissions are not necessary.
10. Sketch Plans for Approval in Principle (By-Law 12)
For projects that require preliminary approval, the local authority allows the submission of sketch plans. These are simpler plans that provide an overview of the project without the full detail required for final approval. Sketch plans can be used to obtain approval in principle, after which detailed plans must be submitted for full approval.
11. Special Permission to Commence Building Operations (By-Law 13)
In some cases, the local authority may grant special permission to commence building operations before full approval is granted. However, this permission is conditional, and the local authority retains the right to issue written directions if the building does not comply with the Act or By-Laws.
12. Alterations and Additions (By-Law 14)
When submitting plans for alterations or additions to an existing building, the following details must be clearly shown:
- The parts of the building to be removed must be shown in dotted lines.
- New construction work must be highlighted in red or fully colored.
- The existing drainage, stairs, windows, and doors must also be shown on the plans.
Best Practices for Submitting Building Plans in Malaysia
To ensure a smooth and successful approval process, here are some best practices when submitting building plans:
1. Work with Qualified Professionals
Ensure that your principal submitting person is a qualified and experienced professional, such as a registered architect or engineer. Their knowledge and expertise will help avoid costly mistakes and delays.
2. Adhere to the Required Formats and Scales
Always ensure your plans are drawn to the correct scale and contain all necessary details. Missing or unclear information is a common reason for plan rejections by local authorities.
3. Plan for Supervision and Compliance
Make sure your project has a dedicated construction project manager and site supervisor to oversee the construction process and ensure compliance with approved plans.
4. Keep Detailed Records
Maintain a thorough record of communications, submissions, and approvals throughout the planning process. This can help resolve any disputes or issues with the local authority later on.
5. Anticipate Delays
Building plan approvals can sometimes take time, especially for larger or more complex projects. Build buffer time into your project schedule to account for potential delays in the approval process.
Conclusion
Part II of the Uniform Building By-Laws 1984 ensures that all building projects in Malaysia are executed safely and according to established standards. From the submission of detailed plans to the final approval, understanding and complying with these by-laws is essential for property developers, architects, and engineers.
By adhering to the requirements outlined in this guide and following best practices, you can streamline the process and minimize the risk of delays or rejections. Always work with experienced professionals and maintain open communication with the local authority to ensure a successful outcome for your building project.
FAQ: Submission of Plans for Approval
1. What documents are required for building plan submission?
You need to submit a site plan, floor plan, elevations, cross sections, and other detailed structural plans as required by By-Law 10.
2. Who can submit building plans for approval?
Only a qualified professional (such as a registered architect or engineer) can submit plans to the local authority.
3. How long does it take to get approval for building plans?
The time required for approval depends on the complexity of the project and the workload of the local authority. It is important to anticipate delays and factor them into your project schedule.
4. What happens if my plans are rejected?
If your plans are rejected, the local authority will provide reasons for the rejection. You must revise and resubmit the plans with the necessary corrections.
5. Can I start construction before getting full approval?
In some cases, the local authority may grant special permission to commence building operations. However, this is not common and is subject to strict conditions.
