Nuisance Order non-compliance consequences Q4

Sufian received a notice requiring abatement of nuisance under Section 87, Street, Drainage and Building Act 1974 (Act 133), but intentionally do not comply with the notice. State the nuisance orders which may apply to him.

(20 marks, 2019 Q4)


(This is a new question - never been asked in the last 5 years or more. For further reading regarding what constitutes Nuisance by Local Council, please go here as in S.86 SDBA 1974.

Hence, the summary of this answer is to give a background of S.87 of the Street, Drainage and Building Act, 1974 and then, later on answer the question in the correct manner relating to the "Nuisance Order".

Section 87 of Street, Drainage & Building Act 1974 is extracted below:)

Notice requiring abatement of nuisance 

(1) On receipt of any information respecting the existence of a nuisance liable to be dealt with summarily under this Act, the local authority shall, if satisfied of the existence of a nuisance, serve a notice on the person by whose act, default or sufferance the nuisance arises or continues or, if such person cannot be found, on the occupier or owner of the premises on which the nuisance arises, requiring him to abate the same within the time specified in the notice to execute such works and do such things as are necessary for that purpose and, if the local authority thinks it desirable, specifying any works to be executed.

Power to require works to be executed 

(2) The local authority may also by the same or another notice served on such occupier, owner or person require him to do what is necessary for preventing the recurrence of the nuisance and, if the local authority thinks it desirable, specify any works to be executed for that purpose, and may serve that notice notwithstanding that the nuisance had for the time being abated if the local authority considers that it is likely to recur on the same premises. 

(3) Where the nuisance arises from any want or defect of a structural character or where the premises are unoccupied, the notice shall be served on the owner. 

(4) Where the person causing the nuisance cannot be found and it is clear that the nuisance does not arise or continue by the act, default or sufferance of the occupier or owner of the premises, the local authority may cause the same to be abated and may do what is necessary to prevent the recurrence thereof. 

(5) Where a notice has been served on a person under this section and either— 

(a) the nuisance arose from the wilful act or default of the said person; or 

(b) such person makes default in complying with any of the requirements of the notice within the time specified; 

he shall be liable on conviction to a fine not exceeding five hundred ringgit for each offence whether any such nuisance order as in this Act mentioned is or is not made upon him. 

On non-compliance with notice, nuisance order to be made 

(This part is the answer as Sufian intentionally did not comply

Synopsis: The answer relating to Nuisance Order should include the explanation about the Order, and how the Orders are served. Nuisance Order may be

  • Abatement Order
  • Prohibition Order
  • Closing Order
  • Combination of above Orders

The law as provided below:)

88. (1) If either—

(a) the person on whom notice to abate a nuisance has been served as aforesaid makes default in complying with any of the requisitions thereof within the time specified; or 

(b) the nuisance, although abated since the service of the notice, is in the opinion of the local authority likely to recur on the same premises, on complaint by the local authority a Magistrate’s Court hearing the complaint may make on such person a summary order, in this Act referred to as a “nuisance order”.

Nuisance order 

(2) A nuisance order may be an abatement order or a prohibition order or a closing order or a combination of such orders. 

Abatement order 

(3) An abatement order may require a person to comply with all or any of the requisitions of the notice, or otherwise to abate the nuisance within a time specified in the order. 

Prohibition order 

(4) A prohibition order may prohibit the recurrence of a nuisance. 

When to specify works to be executed 

(5) An abatement order or prohibition order shall, if the person on whom the order is made so requires or the court considers it desirable, specify the works to be executed by such person for the purpose of abating or preventing the recurrence of the nuisance.

Closing order 

(6) A closing order may prohibit a dwelling house from being used for human habitation. 

When to be made 

(7) A closing order shall only be made where it is proved to the satisfaction of the court that by reason of a nuisance a dwelling house is unfit for human habitation, and, if such proof is given, the court shall make a closing order and may impose a fine not exceeding one thousand ringgit: 

Provided that a closing order shall not be made unless a notice of the hearing of the complaint on which it is to be made has been posted on the premises in a conspicuous position with an intimation in such notice that any occupant of the premises may show cause against the making of such order. 

Cancelling closing order 

(8) A court, when satisfied that the dwelling house has been rendered fit for human habitation, may declare that it is so satisfied and cancel the closing order. 

Penalty for not complying with order 

(9) Any person who fails to comply with the provisions of a nuisance order with respect to the abatement of a nuisance shall, unless he satisfies the court that he has used all due diligence to carry out such order, be liable on conviction to a fine not exceeding one hundred ringgit a day during his default. 

(10) Any person who knowingly and wilfully acts contrary to a prohibition order or closing order shall be liable on conviction to a fine not exceeding one hundred ringgit a day during such contrary action.

(11) In either of the cases mentioned in subsections (9) and (10), the local authority or any person authorised by the local authority in writing in that behalf may enter the premises to which a nuisance order relates and abate or remove the nuisance and do whatever is necessary in the execution of such order and the expenses thereby incurred shall be paid by the person in default. 

(12) In case of nuisances caused by the act or default of the owner of premises, such expenses together with any costs and expenses which the court orders such owner to pay shall be deemed to be expenses to which section 104* applies and shall be recoverable under the provisions of that section. 

(13) A court making any order under this section may require any person on whom any order is made to pay all costs and expenses incurred in obtaining the order. 

Ejectment after closing order 

(14) Where a closing order has been made with respect to any dwelling house, the local authority shall serve notice of the order on every occupier of the dwelling-house and within such period as is specified in the notice not being less than seven days (except in case of immediate danger) after the service of the notice the order shall be obeyed by him and he and his family shall cease to inhabit the dwelling house, and in default he shall be liable on conviction to a fine not exceeding one hundred ringgit a day during his disobedience to the order, and the court shall, upon application by the local authority, make a summary order for his ejectment and the same may be carried into effect by any police officer or officer or employees of the local authority authorized in writing by the local authority: 

* S.104

Recovery of expenses and costs payable by owners

104. (1) All and any sums payable by or recoverable from the owner or owners in respect of expenses and costs incurred by the local authority in or about the execution of any work which are, under this Act recoverable from the owner or owners of any premises shall, subject and without prejudice to any other rights of the local authority, be a first charge on the premises in respect of which such expenses or costs have been incurred.

(2) In addition to any other remedies conferred by this Act any such sum may be recovered in the manner hereinafter provided, and the person or persons liable to pay the same shall be the owner or owners at the time when the work was completed.

(3) Any occupier who when requested by or on behalf of the local authority to state the name of the owner of the premises refuses or wilfully omits to disclose or wilfully mis-states the same shall, unless he shows cause to the satisfaction of the court for his refusal or misstatement, be liable on conviction to a fine not exceeding five hundred ringgit.


S.87, 88 & 104 Street, Drainage & Building Act, 1974.

(x) Own accounts

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