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'Urban stay' operators violating by-laws: DBKK
Published on: Saturday, August 27, 2016
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Kota Kinabalu: City Hall has warned house owners against renting out their units on a daily basis, saying this violates the Building By-Laws and the Local Government Ordinance. The warning came after a group of around 150 house owners sought the Government's help to introduce their small operation as a form of homestay operation, calling it 'urban stay.'

But City Hall's City Planning Department Director Stanley Ching pointed out buildings approved in a residential zone such as condominium, apartments, terrace houses are not allowed to conduct any commercial activity.

"These house owners are advised to cease their operation and those who fail to comply risk legal action taken against them under the ordinance," he said.

Under Section 3(c) Building By-Laws 1951, any person is prohibited to convert or adapt any building to a purpose other than for which it was originally approved.

Chong said offenders risk being fined not exceeding RM500 plus RM50 a day for repeated offences.

He further said under Section 103A Local Government Ordinance (amendment) 2000, City Hall has the authority to close or demolish premises that violate its by-laws and Ordinance.

"Therefore, those who are operating illegally are advised to stop their operation immediately," he said.

Plans by the group to have their houses to be allowed to operate as an urban stay have received critical complaints from a list of non-governmental organisations including Sabah Hotel Association, which said house owners should not encroach the businesses of hotel operators as well as homestay operators.

On Aug 22, the group was also warned by the Tourism and Culture Ministry State Office to stop using the word 'homestay' and engage with illegal white van activities.

The group pledged to comply with the ministry's orders.





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