This guide is for general information only — not legal advice. For life-safety emergencies, call 999 (BOMBA) immediately. For specific legal advice, consult a qualified Malaysian property lawyer or the COB office.
Legal framework: Fire Services Act 1988 and Strata Management Act 2013
Fire safety in Malaysian strata buildings is governed by two main pieces of legislation:
| Legislation | Governs | Key obligations |
|---|
| Fire Services Act 1988 (Act 341) | All “designated premises” including strata buildings | Requires Fire Certificate; annual renewal; BOMBA inspections; duty not to obstruct fire safety systems |
| Fire Services (Fees) Regulations 1988 | Application and renewal fees for Fire Certificate | Sets fee schedule for FC applications |
| Strata Management Act 2013 (Act 757) | JMB and MC of strata buildings | Duty to maintain common property (including fire safety systems) in good and serviceable repair; s.21 (JMB) and s.59 (MC) |
| Strata Management (Maintenance & Management) Regulations 2015 | Specific maintenance obligations of JMB/MC | Schedule of common property maintenance duties |
(Source: Fire Services Act 1988 (Act 341), Laws of Malaysia; Strata Management Act 2013 (Act 757), Laws of Malaysia)
BOMBA Fire Certificate: what it is and who needs one
Under Section 28(1) of the Fire Services Act 1988 (Act 341), certain buildings classified as designated premises are required to hold a Fire Certificate (Sijil Perakuan Bomba / FC) (Source: Fire Services Act 1988 (Act 341), s. 28; BOMBA, Akta Perkhidmatan Bomba 1988, bomba.gov.my).
What is a designated premise? BOMBA designates a building based on its use, occupancy, height or floor area. Most high-rise residential buildings (condominiums, serviced apartments) and stratified commercial buildings are designated premises. Low-rise residential strata schemes (3 storeys or fewer) may not be designated — check with your state BOMBA office.
For those buildings that are designated, the Fire Certificate confirms that:
- All fire safety systems (sprinklers, fire alarm, fire doors, hydrants, hose reels, emergency lighting) are installed and operational.
- The building has complied with BOMBA’s fire safety requirements.
- The fire escape routes are maintained clear and functional.
The FC is the single most important document for fire safety compliance. Operating a designated premise without a valid FC is a criminal offence under the FSA 1988.
Annual renewal: process and consequences of a lapse
Under Section 28(2) of the FSA 1988, the Fire Certificate must be renewed annually (Source: Fire Services Act 1988 (Act 341), s. 28(2); BOMBA, Fire Certificate Application & Renewal Guide 2026).
The renewal process requires:
- Submission of Form III (renewal application form) at least 30 days before the FC expiry date.
- A BOMBA inspection of the building’s fire safety systems — all systems must be in working order at the time of inspection.
- Rectification of any defects identified in the previous inspection or during the renewal inspection.
- Payment of the applicable renewal fees.
Consequences of failing to renew:
- The building is operating without a valid Fire Certificate — a criminal offence under FSA 1988 that can result in a fine of up to RM50,000 and/or imprisonment up to 3 years.
- BOMBA can issue an order to close the building or require evacuation until compliance is restored.
- The building’s insurance coverage may be voided if a fire occurs when the FC is lapsed.
- Individual unit owners may have a claim against the MC/JMB for any losses caused by the lapse.
(Source: IPM Property Management, Does Your Building Require a Fire Certificate?, ipm.my; GetFoundation, BOMBA Fire Certificate Malaysia 2026: Complete Guide, getfoundation.com.my)
JMB/MC duties under the Strata Management Act 2013
The Joint Management Body (JMB, in operation before strata titles are issued) and the Management Corporation (MC, after strata titles) both carry statutory duties under Act 757 that directly overlap with fire safety:
- Section 21(1) (JMB) — the JMB shall properly maintain and manage the building and common property and shall keep them in a state of good and serviceable repair.
- Section 59(1) (MC) — mirrors s. 21: the MC has the same duty of maintenance and management of common property.
- Common property includes fire safety infrastructure: sprinkler systems, fire doors, fire hose reels, hydrants, fire alarm panels, emergency lighting, smoke extractors and lift lobbies — all of which form part of common property in a strata scheme.
- The management body is also responsible for keeping common corridors, stairwells and fire exits clear of obstructions in compliance with FSA 1988 and the terms of the Fire Certificate.
In practice, this means the JMB/MC is the responsible party for:
- Obtaining and renewing the BOMBA Fire Certificate.
- Appointing a licensed fire safety system maintenance company for annual/semi-annual servicing of sprinklers, alarm systems and other fire equipment.
- Ensuring fire exits, corridors and staircases are kept unobstructed at all times.
- Conducting or arranging periodic fire drills for residents.
- Responding promptly to BOMBA notices and directives.
(Source: Strata Management Act 2013 (Act 757), ss. 21, 59; IPM Property Management, Fire Certificate — Strata Management Obligations)
Individual owner and tenant duties
Unit owners and their tenants are not passive bystanders in fire safety. Under the FSA 1988 and the strata by-laws, individual owners/tenants must:
- Not obstruct common fire exits or corridors with personal belongings, furniture, bicycles, scooters, or any other items.
- Not tamper with or disable fire safety equipment in common areas or their own units (e.g., disabling smoke detectors, covering sprinkler heads).
- Not store flammable materials (LPG cylinders, bulk chemicals) in quantities or locations that violate BOMBA conditions.
- Allow BOMBA or management access for fire safety inspections on reasonable notice.
- Comply with building by-laws regarding renovations that may affect fire safety systems (e.g., not hacking through firewall partitions without approval).
Individual owners can also be held liable if their negligence or breach of by-laws contributes to a fire loss suffered by other unit owners or common property.
Common fire safety violations in strata buildings
| Violation | Who is responsible | Risk |
|---|
| Expired or missing Fire Certificate | JMB / MC | Criminal offence; BOMBA closure order; voided insurance |
| Blocked fire exit or corridor | Unit owner / tenant or JMB/MC if systemic | BOMBA notice; liability in event of fire injury |
| Defective sprinkler system not serviced | JMB / MC | FC renewal failure; criminal liability |
| Disabled fire door (propped open) | Unit owner / tenant or JMB/MC | Fire spread risk; BOMBA notice |
| No fire drill conducted | JMB / MC | BOMBA notice; liability |
| Renovation hacking through firewall | Unit owner / contractor | Breach of by-laws; BOMBA enforcement; criminal liability |
| Scooters / e-bikes charging in corridor | Unit owner / tenant | Fire risk; obstruction; BOMBA notice; by-law breach |
What to do when management fails on fire safety
If your building’s JMB or MC is neglecting fire safety — expired Fire Certificate, blocked corridors, broken fire equipment — you have several escalation options:
- Step 1 — Raise it formally at an AGM or committee meeting. Put your concern in writing (letter or email) to the management office, requesting a copy of the current Fire Certificate and the last fire system service report. This creates an official record.
- Step 2 — Write to the management committee. Follow up in writing if no response is received within a reasonable period (7–14 days for a safety matter).
- Step 3 — File a complaint with BOMBA. Contact your local BOMBA office (Jabatan Bomba dan Penyelamat Malaysia) in writing with a description of the deficiency. BOMBA can inspect the building and issue an enforcement notice or closure order to the management.
- Step 4 — File a complaint with the COB (Commissioner of Buildings). The COB has jurisdiction over JMB/MC governance failures under the SMA 2013. File a complaint citing the management body’s failure to maintain common property under ss. 21/59 of Act 757.
- Step 5 — Apply to the Strata Management Tribunal (SMT). The SMT can hear complaints by owners against management bodies (or vice versa) for breaches of the SMA 2013 — claims up to RM250,000 — and can order the management to comply with its statutory duties.
How to file a BOMBA complaint
BOMBA complaints can be made through:
- Walk-in at your nearest Jabatan Bomba dan Penyelamat (fire station or district office).
- Written complaint letter or email addressed to the Ketua Jabatan of the relevant BOMBA state office.
- MyBOMBA portal (where available) for online complaints.
Your complaint should include: the building name, address and strata lot numbers; the specific deficiency (e.g., expired FC number, blocked exit, broken sprinkler); photographs; and a timeline of any communications with management.
BOMBA is empowered under the FSA 1988 to inspect the building, issue a Notis Ketidakpatuhan (non-compliance notice), and — if the deficiency creates an imminent danger — to issue a closure order until the deficiency is rectified.
COB and Strata Management Tribunal route
If the failure is a governance issue — management refusing to budget for FC renewal or fire system maintenance — the COB and SMT are the appropriate forums:
- Commissioner of Buildings (COB) — appointed under s. 4 of the SMA 2013 for each local authority area. File a complaint at the COB office (usually housed within your local DBKL/MBPJ/MBSA or relevant local authority). The COB can summon management committee members and issue directives.
- Strata Management Tribunal (SMT) — file an application under s. 107 of the SMA 2013 in the relevant state. Filing fee is RM100 (residential) or RM200 (commercial). The Tribunal can award compensation to owners and issue orders against the management body. Claims up to RM250,000 are within the Tribunal’s jurisdiction.
(Source: Strata Management Act 2013 (Act 757), ss. 4, 107; COB offices — DBKL, MBPJ, MBSA and other local authorities)
Penalties for non-compliance
| Offence | Legislation | Penalty |
|---|
| Operating designated premises without a valid Fire Certificate | FSA 1988, s.28 | Fine up to RM50,000 and/or imprisonment up to 3 years |
| Obstructing BOMBA officer or inspection | FSA 1988, s.44 | Fine up to RM10,000 and/or imprisonment up to 1 year |
| Tampering with or disabling fire safety equipment | FSA 1988, s.40 | Fine up to RM10,000 and/or imprisonment up to 1 year |
| JMB/MC failure to maintain common property | SMA 2013, ss.21/59 | COB order; SMT compensation award; personal liability of committee members |
| Breach of building by-laws (fire safety) | SMA 2013 + building by-laws | COB fine; SMT order |
(Source: Fire Services Act 1988 (Act 341); GetFoundation, Mastering BOMBA Fire Certification Malaysia 2026; PSB Fire Engineers, Fire Certificate (FC), psbfireengineers.com)
⚠️ Fire safety is a life-safety matter. If you discover an immediate fire hazard (blocked emergency exit, sprinkler system out of service, fire alarm disabled), report it to BOMBA (999) and your management office immediately — do not wait for a committee meeting or AGM. Document with photographs and preserve your communication records.
Sources & official references
- Fire Services Act 1988 (Act 341) — Laws of Malaysia, Attorney General’s Chambers
- BOMBA (Jabatan Bomba dan Penyelamat Malaysia), Akta Perkhidmatan Bomba 1988 (Akta 341), bomba.gov.my
- Strata Management Act 2013 (Act 757), ss. 21, 59, 107 — Laws of Malaysia
- Strata Management (Maintenance & Management) Regulations 2015 — Laws of Malaysia
- IPM Property Management, Does Your Building Require a Fire Certificate (FC)?, ipm.my
- GetFoundation, BOMBA Fire Certificate Malaysia 2026: Complete Guide, getfoundation.com.my
- PSB Fire Engineers, Fire Certificate (FC), psbfireengineers.com
- AITO, Fire Certificate Malaysia: Application and Renewal Guide by Fire Department, aito.com.my