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DBKL Told Us There Is No Law About Backyard Chickens. They Use The Nuisance Provisions Instead.

12 min read

Asked directly whether keeping farm animals at home is legal, a DBKL spokesperson said this on the phone:

"Tak ada undang-undang tentang (binatang) ni sebenarnya. Kita guna undang-undang kacau-ganggu (nuisance) di bawah Akta Kerajaan Tempatan." ("There isn't actually a law about these animals. We use the nuisance provisions under the Local Government Act.")

That single answer explains why this question has no national answer. There is no one-size-fits-all Malaysian law on keeping farm animals at your house. It depends on your local council's by-laws — and where a council has no specific by-law, it reaches for nuisance instead.

Rules are set by local councils (PBT) under the Local Government Act 1976, so the position differs by area. Several councils — including MPK, MBPJ and DBKL — do not allow poultry in housing areas on health and hygiene grounds. Some sources point additionally to the Town and Country Planning Act 1976 (Act 172) as prohibiting poultry farming in residential areas. Enforcement in practice runs through nuisance provisions, complaints, notices, compounds, and seizure of the birds and coops. Some councils permit small numbers with written permission — Sibu Rural District Council allows not more than five birds for temporary keeping and consumption, with written permission from the Public Health Section.

1. Why there is no national answer

By-laws are local law. They are made by your council and apply specifically to your area, which is why the answer in Klang differs from the answer in Sibu.

Two consequences:

  • Anything you read that gives a single national rule is wrong, including anything on this page treated as a national rule
  • The only reliable answer comes from your own PBT

And where a council has no animal-specific by-law, as DBKL indicated, enforcement proceeds under nuisance provisions of the Local Government Act 1976 — which are broad and depend on a complaint being made.

2. What councils have actually said and done

Klang Municipal Council (MPK). The council's Health Department warned that poultry farming, big or small, is prohibited in residential areas, and that house owners who ignore this risk having their backyard fowls and coops seized. Health department director Azmi Muji was quoted: "Our health policies are clear. We will not tolerate owners of residential units who rear chickens, geese, turkeys or ducks because there is a risk of the birds getting diseases that can affect humans."

The trigger was complaints. MPK received two complaints from Taman Gembira about chickens causing nuisance and roosters crowing. Council officers visited the two houses — a terrace and a bungalow — and issued verbal warnings from the Complaints Unit.

Note the escalation ladder there: complaint → visit → verbal warning → and only then seizure.

Sibu Rural District Council (SRDC) — a rural council, and the contrast is instructive. Chairman Sempurai Petrus Ngelai announced a crackdown after spot checks found many residents rearing chickens in back and front yards, and some keeping ducks and fighting cocks. The process:

  • a 30-day notice was issued
  • on expiry, officers would demolish illegal structures like cages and coops
  • compounds could be issued and poultry confiscated
  • enforcement visits would involve the Public Health Section, zone councillors and the police

But SRDC also set out what is permitted: the council allows not more than five chickens or other poultry for temporary keeping and consumption — specifically mentioning mothers in confinement and the period before a festival — and even then, residents need written permission from the council through the Public Health Section and health inspector.

The chairman also urged residents to lodge official complaints about neighbours rearing poultry without permission.

DBKL, MBPJ and MPK are reported as not allowing residents to keep poultry such as roosters in housing areas, on health and hygiene grounds, with fines or confiscation where a rooster becomes noisy or causes a nuisance.

3. The legal routes councils use

Nuisance under the Local Government Act 1976. This is what DBKL told us it relies on. Nuisance provisions do not name chickens; they address the effect — noise, smell, flies, health risk — which is why they work in the absence of a specific by-law.

Specific by-laws, where a council has them, may licence or prohibit the keeping of animals outright.

The Town and Country Planning Act 1976 (Act 172) is cited in one source as prohibiting poultry farming in residential areas — a land-use argument rather than a nuisance one. We could not verify the specific provision and are flagging it as reported rather than confirmed. If a council relies on it against you, ask which section.

Strata is a separate layer entirely. If you live in a flat, apartment or condominium, By-Law 14 of the Third Schedule to the Strata Management (Maintenance and Management) Regulations 2015 applies: a proprietor must not keep any animal in the parcel or on common property that causes annoyance or nuisance to other proprietors, is dangerous to their safety or health, or contravenes any written law or rules of the State or local authority. DBKL's own materials also cite the Strata Titles Act 1985 to the same effect. See (By-Law 14 Doesn't Ban Pets In Your Condo. Your Local Council Might.).

On veterinary requirements. The Department of Veterinary Services (DVS) regulates animal health and certain animal-related licensing. We could not verify what DVS requirements apply specifically to small-scale backyard poultry in a residential area, as distinct from commercial farming, and have not asserted any. Ask DVS if you are keeping birds.

4. Kampung versus urban — the real distinction

This is where most of the confusion comes from.

In kampung and rural areas, keeping chickens has been ordinary practice for generations, and councils have historically not policed it. Where a rural council does act — as SRDC did — it tends to permit small numbers with permission rather than ban outright.

In urban housing estates, the density changes everything. A rooster at 5am in a terrace row generates complaints in a way it does not on a kampung lot. Councils' stated reasoning is health and hygiene — MPK's concern about disease transmissible to humans — but the operative trigger is almost always a neighbour complaining.

The practical rule of thumb, which is not a legal rule: the closer your neighbours, the more likely enforcement follows a complaint, and the fewer birds you can keep before someone objects.

Do not treat "everyone here does it" as a defence. SRDC's spot checks found widespread rearing and issued a 30-day notice to all of it.

5. If you want to keep chickens

  1. Call your council first. Ask specifically: "Adakah ada undang-undang kecil untuk memelihara ayam di kawasan perumahan?" Ask whether a permit or written permission is available, and what the limit is.
  2. Ask which department. The Public Health Section or the health inspector is usually the right desk — that is who handles it at SRDC and MPK.
  3. Get any permission in writing. SRDC requires written permission from the Public Health Section and health inspector. Verbal comfort from an officer is not a permit.
  4. Check whether you are strata. If so, By-Law 14 applies on top, and management can serve a removal notice.
  5. Check your title conditions. Some titles carry land-use conditions.
  6. Manage the nuisance factors, because they are what generates complaints: - Roosters are the single biggest trigger. Crowing at dawn is what people report. - Smell and flies — coop hygiene is the second. - Runoff into a neighbour's compound. - Numbers. Five is the figure SRDC uses as the line between household keeping and rearing.
  7. Talk to your neighbours before you start. A neighbour who was asked is far less likely to complain than one who was not.

6. If your neighbour is the problem

The escalation, in order:

  1. Talk to them first. Most of these disputes are about a rooster and could be resolved by rehoming one bird.
  2. Document it. Dates, times, recordings of crowing, photographs of the coop, any smell or fly problem. Note the effect on you — sleep, health, use of your own property.
  3. Complain to the council. The Complaints Unit or Public Health Section. Both the MPK and SRDC examples show councils acting on resident complaints — SRDC's chairman expressly urged residents to lodge official complaints about unpermitted rearing.
  4. Ask what the council will do and by when. The MPK sequence was visit and verbal warning; SRDC's was a 30-day notice then demolition and confiscation.
  5. If you are in strata, complain to the JMB/MC as well — By-Law 14(2) allows a written notice requiring removal of the animal within three days.
  6. Escalate in writing if nothing happens. A documented complaint history matters if the matter goes further.

Be proportionate. These are neighbours, and confiscation of animals is a serious outcome. Most councils escalate gradually for that reason.

FAQ

Is it illegal to keep chickens in my backyard in Malaysia?

There is no single national law. It depends on your local council's by-laws. Where a council has no specific by-law, DBKL indicated it uses the nuisance provisions under the Local Government Act instead.

Which councils prohibit poultry in housing areas?

MPK has stated poultry farming, big or small, is prohibited in residential areas. DBKL and MBPJ are also reported as not allowing poultry such as roosters in housing areas on health and hygiene grounds. Check your own council.

Can I keep just a few for eggs?

Some councils permit small numbers with permission. SRDC allows not more than five chickens or other poultry for temporary keeping and consumption — for example for mothers in confinement or before a festival — and even then written permission from the Public Health Section and health inspector is required.

What can the council actually do?

Reported measures include verbal warnings, notices with a compliance period, demolition of cages and coops, compounds, and confiscation of the birds.

Do I need a permit?

Where permission is available, yes, and in writing. Ask your council's Public Health Section.

What if I live in a condo or apartment?

By-Law 14 of the Third Schedule to the Strata Management (Maintenance and Management) Regulations 2015 applies in addition — an animal causing annoyance or nuisance, or contravening local authority rules, can be the subject of a removal notice from the JMB or MC.

My neighbour's rooster wakes me at 5am. What do I do?

Speak to them first, then document the times, then complain to the council's Complaints Unit or Public Health Section. Councils have acted on exactly this complaint.

Are the rules different in a kampung?

In practice, yes. Rural councils have tended to permit small-scale keeping, sometimes with permission, while urban councils enforce more readily on complaint. But the legal position still depends on the by-law, not on the label.

This article is general legal information, not legal advice, and reading it does not create a lawyer–client relationship.

Specific to this article: there is no national Malaysian rule on keeping farm animals at a residence — the position is set by each local council's by-laws and differs between areas, so nothing here should be treated as the answer for your address. Check with your own PBT. The council positions described are drawn from press reporting of council statements and enforcement operations at particular times and may have changed; the DBKL position quoted came from a telephone enquiry reported by AskLegal rather than a published by-law. We could not verify the specific provision of the Town and Country Planning Act 1976 said to prohibit poultry farming in residential areas, and have reported rather than confirmed it. We could not verify what Department of Veterinary Services requirements apply to small-scale backyard poultry as distinct from commercial operations, and have not stated any — ask DVS. Numerical limits such as SRDC's five-bird allowance are that council's rule and are not transferable. Strata by-law provisions are addressed more fully in the companion article. If your animals have been seized or you are facing a compound, contact the council department named on the notice and take advice if the amounts or consequences are significant.

Spot something outdated or wrong? Tell us — we’ll verify and correct it, with the correction noted.

Key sources (6) — how this was verified
  • AskLegal existing page, "In M'sia, you can be fined for rearing farm animals in your backyard" — the finding that there is no one-size-fits-all law in Malaysia covering keeping farm animals at a residence, and that it depends on the local council's by-laws, which are small laws created by the council applying specifically to that area; and the quoted DBKL telephone response: "Tak ada undang-undang tentang (binatang) ni sebenarnya. Kita guna undang-undang kacau-ganggu (nuisance) di bawah Akta Kerajaan Tempatan.": https://asklegal.my/p/rear-farm-animal-backyard-malaysia-local-government-act
  • EdgeProp, February 2020, "Chickens will come home to roost, warns MPK" — Klang Municipal Council's warning that poultry farming, big or small, is prohibited in residential areas, with house owners who pay no heed risking having their backyard fowls and coops seized; health department director Azmi Muji's statement: "Our health policies are clear. We will not tolerate owners of residential units who rear chickens, geese, turkeys or ducks because there is a risk of the birds getting diseases that can affect humans"; and the two complaints received from Taman Gembira of chickens causing nuisance and roosters crowing, following which council officers visited the two house owners — a terrace and a bungalow — and issued verbal warnings from the Complaints Unit: https://www.edgeprop.my/content/1641019/chickens-will-come-home-roost-warns-mpk
  • Borneo Post (via PressReader), "SRDC to get tough on residential poultry rearing" — Sibu Rural District Council chairman Sempurai Petrus Ngelai's announcement of a 30-day notice, after which officers would demolish illegal structures such as cages and coops, with compounds issued and poultry confiscated if necessary; the involvement of the Public Health Section, zone councillors and police in enforcement visits; the spot checks finding residents rearing chickens in back and front yards and some keeping ducks and fighting cocks; the council's allowance of not more than five chickens or other poultry for temporary keeping and consumption, especially for mothers in confinement and before any festival, subject to written permission from the council through the Public Health Section and health inspector; and the chairman's call for residents to lodge official complaints about neighbours rearing poultry without permission: https://www.pressreader.com/malaysia/the-borneo-post/20180130/281711205083621
  • SAYS, "5 Random Malaysian Laws You Never Knew Existed" — the statement that local councils including MBPJ, MPK and DBKL do not allow residents to keep poultry such as roosters in housing areas for health and hygiene concerns, that owners can be fined or have birds confiscated where a rooster becomes noisy or causes a nuisance, and the attribution of this to the Town and Country Planning Act 1976 (Act 172) as prohibiting poultry farming in residential areas — cited here as reported rather than verified: https://says.com/my/fun/malaysian-laws-you-never-knew-existed
  • DBKL official portal, Dog License Management — paragraph 6(d) of the Third Schedule to the Strata Titles Act 1985: "A parcel owner shall not keep any animal in his parcel or on the common property if it causes nuisance to any other parcel owner"; and the Dog Licensing and Dog Breeding Establishments By-Laws (Federal Territory of Kuala Lumpur) 1991 (Amendment) 2011, illustrating that where DBKL does regulate an animal category it does so by specific by-law: https://www.dbkl.gov.my/en/lesen-anjing-peliharaan/pengurusan-lesen-anjing
  • iProperty and NextSix guides on council approvals — the general principle, in the analogous renovation context, that regulations in DBKL may look slightly different from those in MBPJ, MPSJ, MBSA or other councils, that there is no universal national rulebook, and that residents must confirm local council by-laws for their own area, with a further layer of building management rules for those in strata: https://www.iproperty.com.my/guides/home-renovation-permit-tips-house-owner-72613 and https://blog.nextsix.com/renovation-permits-council-approvals-in-malaysia-dbkl-mbpj-mbjb-what-needs-approval-fines-insurance/